Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4093 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 87
2	2	FILED ON: 9/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4093
4	4	Substituted, on motion of Mr. Walsh of Peabody, for a bill with the same title (House No. 3747)
5	5	[Local Approval Received]. September 14, 2023.
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act relative to the home rule charter of the city of Beverly.
12	12	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
13	13	of the same, as follows:
14	14	1 SECTION 1. Chapter 230 of the acts of 1993 is hereby repealed.
15	15	2 SECTION 2. The home rule charter of the city of Beverly, which is on file with the office
16	16	3of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General
17	17	4Laws, is hereby repealed and the following shall be the charter of the city of Beverly:
18	18	5 Article 1
19	19	6 Incorporation; Short Title; Definitions
20	20	7 SECTION 1-1 Incorporation.
21	21	8 The inhabitants of the city of Beverly, within the territorial limits established by law,
22	22	9shall continue to be a municipal corporation, a body corporate and politic, under the name "City
23	23	10of Beverly."
24	24	11 SECTION 1-2 Short title. 2 of 87
25	25	12 This instrument shall be known, and may be cited, as the "Beverly Home Rule Charter."
26	26	13 SECTION 1-3 Distribution of powers.
27	27	14 The administration of the fiscal, prudential and municipal affairs of Beverly, with the
28	28	15government thereof, shall be vested in an executive/administrative branch headed by a mayor,
29	29	16and a legislative branch to consist of a city council. The legislative branch shall never exercise
30	30	17any executive/administrative power and the executive/administrative branch shall never exercise
31	31	18any legislative power.
32	32	19 SECTION 1-4 Powers of City.
33	33	20 Subject only to express limitations on the exercise of any power or function by a
34	34	21municipal government in the Constitution or general laws of the commonwealth, it is the
35	35	22intention and the purpose of the voters of Beverly through the adoption of this Charter to secure
36	36	23for themselves and their government all of the powers it is possible to secure as fully and as
37	37	24completely as though each such power were specifically and individually enumerated herein.
38	38	25 SECTION 1-5 Construction.
39	39	26 The powers of the city of Beverly under this Charter are to be construed liberally in favor
40	40	27of the city, and the specific mention of any particular power is not intended to limit the general
41	41	28powers of the city as stated in SECTION 1-4.
42	42	29 SECTION 1-6 Intergovernmental relations.
43	43	30 Subject only to express limitations in the Constitution or general laws of the
44	44	31Commonwealth, Beverly may exercise any of its powers or perform any of its functions, and
45	45	32may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with 3 of 87
46	46	33the commonwealth or any agency or political subdivision thereof, or with the United States
47	47	34government or any agency thereof.
48	48	35 SECTION 1-7 Definitions.
49	49	36 Unless another meaning is clearly apparent from the manner in which the word or phrase
50	50	37is used, the following words and phrases as used in this Charter shall have the following
51	51	38meanings:
52	52	39 (a)Charter - The word "Charter" shall mean this Charter and any amendment to it
53	53	40hereafter adopted.
54	54	41 (b)City - The word "city" shall mean the city of Beverly.
55	55	42 (c)City bulletin board - The words "city bulletin board" shall mean the bulletin board
56	56	43in the City Hall on which the city clerk posts official notices of meetings and upon which other
57	57	44official city notices are posted, the bulletin boards at any other locations as may be designated
58	58	45city bulletin boards by the city council and the city website.
59	59	46 (d)City agency - The words "city agency" shall mean any multiple-member body,
60	60	47any department, division, or office of the city of Beverly.
61	61	48 (e)City officer - The words "city officer," when used without further qualification or
62	62	49description, shall mean a person having charge of an office or department of the city who in the
63	63	50exercise of the powers or duties of such position exercises some portion of the sovereign power
64	64	51of the city.
65	65	52 (f)City website – a site established and maintained by the city as its online repository
66	66	53of municipal information on the internet. 4 of 87
67	67	54 (g)Department head – The person having responsibility and oversight for the
68	68	55operation and management of a city department.
69	69	56 (h)Emergency - The word "emergency" shall mean a sudden, unexpected, unforeseen
70	70	57happening, occurrence or condition which necessitates immediate action or response.
71	71	58 (i)Full Council, full multiple-member body - The words "full council" or "full
72	72	59multiple-member body" shall mean the entire authorized complement of the city council, school
73	73	60committee or other multiple-member body, notwithstanding any vacancy, which might exist.
74	74	61 (j)general laws - The words "general laws" (all lowercase letters) shall mean laws
75	75	62enacted by the State Legislature which apply alike to all cities and towns, to all cities, or to a
76	76	63class of two or more cities and/or cities and towns of which Beverly is a member.
77	77	64 (k)General Laws - The words "General Laws" (initial letter of each word in
78	78	65uppercase letters) shall mean the General Laws of the Commonwealth of Massachusetts, a
79	79	66codification and revision of statutes enacted on December 22, 1920, and including all
80	80	67amendments thereto subsequently adopted.
81	81	68 (l)Initiative measure - The words "initiative measure" shall mean a measure
82	82	69proposed by the voters through the initiative process provided under this Charter.
83	83	70 (m)Local newspaper - The words "local newspaper" shall mean a newspaper of
84	84	71general circulation within Beverly, with either a weekly or daily circulation.
85	85	72 (n)Majority vote - The words "majority vote," when used in connection with a
86	86	73meeting of a multiple-member body, shall mean a majority of those present and voting, unless
87	87	74another provision is made by ordinance, by law, or by its own rules. 5 of 87
88	88	75 (o)Measure - The word "measure" shall mean any ordinance, order, resolution, or
89	89	76other vote or proceeding adopted, or which might be adopted by the city council or the school
90	90	77committee.
91	91	78 (p)Multiple-member body - The words "multiple-member body" shall mean any
92	92	79board, commission, committee, subcommittee or other body consisting of two or more persons,
93	93	80whether elected, appointed or otherwise constituted, but not including the city council or the
94	94	81school committee.
95	95	82 (q)Referendum measure - The words "referendum measure" shall mean a measure
96	96	83adopted by the city council or the school committee which is protested under the referendum
97	97	84procedures of this Charter.
98	98	85 (r)Regular municipal election – the words “regular municipal election” shall mean
99	99	86the biennial election of municipal officers.
100	100	87 (s)Voters - The word "voters" shall mean registered voters of the city of Beverly.
101	101	88 Article 2
102	102	89 Legislative Branch
103	103	90 SECTION 2-1 Composition; term of office.
104	104	91 (a)Composition - There shall be a city council of 9 members which shall exercise the
105	105	92legislative powers of the city. Three of these members, to be known as "councilors-at-large,"
106	106	93shall be nominated and elected by and from the voters at large. Six of these members, to be
107	107	94known as "ward councilors," shall be nominated and elected by and from the voters of each 6 of 87
108	108	95ward, one such ward councilor to be elected from each of the 6 wards into which the city is
109	109	96divided, in accordance with SECTION 7-5.
110	110	97 (b)Term of office - The term of office for all city councilors shall be for 2 years each,
111	111	98beginning on the first Monday of January in the year following their election, and until their
112	112	99successors have been qualified.
113	113	100 (c)Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. A
114	114	101ward councilor shall at the time of election be a voter of the ward from which elected; provided,
115	115	102however, if any ward councilor shall during the first 18 months of the term of office remove to
116	116	103another ward in the City, such office shall be deemed vacant and the balance of the unexpired
117	117	104term shall be filled in the manner provided in Section 2-11. If such removal occurs after the first
118	118	10518 months of the term of office, such councilor may continue to serve for the balance of the term
119	119	106to which elected. If a councilor-at-large or a ward councilor removes from the City during the
120	120	107term for which elected, such office shall immediately be deemed vacant and filled in the manner
121	121	108provided in Section 2-11.
122	122	109 SECTION 2-2 Council President.
123	123	110 (a)Election and term - The candidate for councilor-at-large receiving at the regular
124	124	111municipal election the largest number of votes for the office shall serve as council president
125	125	112during the ensuing term of office.
126	126	113 (b)Powers and duties - The council president shall preside at all meetings of the city
127	127	114council, regulate its proceedings and shall decide all questions of order. The council president
128	128	115shall appoint all members of all committees of the city council, whether special or standing. The
129	129	116council president shall have the same powers to vote upon all measures coming before the city 7 of 87
130	130	117council as any other member of the city council. The council president shall perform such other
131	131	118duties consistent with the office as may be provided by Charter, by ordinance or by other vote of
132	132	119the city council.
133	133	120 (c)Council Vice-President - As soon as practicable after the councilors-elect have
134	134	121been qualified following each regular municipal election, the members of the city council shall
135	135	122elect from among its members a vice president who shall act as president during the inability to
136	136	123serve of the council president. The powers of an acting council president shall be limited to only
137	137	124those powers which are indispensably essential to perform the duties of acting council president
138	138	125during the inability to serve of the council president.
139	139	126 SECTION 2-3 Prohibitions.
140	140	127 No member of the city council shall hold any other city office or city employment for
141	141	128which a salary or other emolument is payable from the city treasury. No former member of the
142	142	129city council shall hold any compensated appointed city office or city employment until one year
143	143	130following the date on which such former member's service on the city council has terminated.
144	144	131 SECTION 2-4 Compensation; expenses.
145	145	132 (a)Salary - The city council may, by ordinance, provide an annual salary for its
146	146	133members. No ordinance increasing or decreasing such salary shall be effective, however, unless
147	147	134it shall have been adopted during the first 12 months of a term of office and it provides that such
148	148	135salary is to take effect with the organization of the city government following the next regular
149	149	136municipal election. 8 of 87
150	150	137 (b)Expenses - Subject to appropriation, the council members shall be entitled to
151	151	138reimbursement of their actual and necessary expenses in the performance of their duties.
152	152	139 SECTION 2-5 General powers.
153	153	140 Except as otherwise provided by general law or by this Charter, all powers of the city
154	154	141shall be vested in the city council which shall provide for their exercise and for the performance
155	155	142of all duties and obligations imposed upon the city by law.
156	156	143 SECTION 2-6 Exercise of powers; quorum; rules.
157	157	144 (a)Exercise of powers - Except as otherwise provided by general law or by this
158	158	145Charter, the legislative powers of the city council may be exercised in a manner determined by it.
159	159	146 (b)Quorum - The presence of 5 members shall constitute a quorum for the
160	160	147transaction of business. Except as otherwise provided by general law or by this Charter, the
161	161	148affirmative vote of 5 members shall be required to adopt any ordinance or appropriation order.
162	162	149 (c)Rules of procedure - The city council shall from time to time adopt rules
163	163	150regulating its procedures, which shall be in addition to the following:
164	164	151 (i)Regular meetings of the city council shall be held at a time and place fixed by
165	165	152ordinance.
166	166	153 (ii)Special meetings of the city council shall be held at the call of the council
167	167	154president, or, on the call of any three or more members, by written notice delivered in hand or to
168	168	155the place of residence of or by electronic mail to each member and which contains a listing of the
169	169	156items to be acted upon. Except in case of an emergency, of which the council president shall be
170	170	157judge, such notice shall be delivered at least 48 hours in advance of the time set for such 9 of 87
171	171	158meeting. A copy of the notice to members shall, forthwith, be posted upon the city bulletin
172	172	159board.
173	173	160 (iii)All sessions of the city council, and of every committee or subcommittee thereof,
174	174	161shall at all times be open to the public and to the press, unless another provision is made by law.
175	175	162 (iv)A full, accurate, up-to-date account of the proceedings of the city council and of
176	176	163every committee and subcommittee thereof shall be kept, which account shall include a record of
177	177	164each vote taken, and which shall be made available with reasonable promptness following each
178	178	165meeting.
179	179	166 SECTION 2-7 Access to information.
180	180	167 (a)In general - The city council may make investigations into the affairs of the city
181	181	168and into the conduct and performance of any city agency and for this purpose may subpoena
182	182	169witnesses, administer oaths and require the production of evidence.
183	183	170 (b)City officers, members of city agencies, employees - The city council or any
184	184	171committee or subcommittee thereof may require any city officer, member of a city agency or city
185	185	172employee to appear before it to give such information as the city council may require in relation
186	186	173to the municipal services, functions, powers, or duties which are within the scope of
187	187	174responsibility of such person and within the jurisdiction of the city council.
188	188	175 (c)Mayor - The city council may require the mayor to provide specific information
189	189	176to it on any matter within the jurisdiction of the city council. The city council may require the
190	190	177mayor to appear before it, in person, to respond to written questions made available to the mayor
191	191	178at the time the request to attend is made to the mayor to provide specific information on the 10 of 87
192	192	179conduct of any aspect of the business of the city. The mayor may bring to such meeting any
193	193	180assistant, department head or other city officer or employee the mayor may deem necessary to
194	194	181assist in responding to the questions posed by the city council.
195	195	182 (d)Notice - The city council shall give not less than 5 days' notice to any person it
196	196	183may require to appear before it under the provisions of this section. The notice shall include
197	197	184specific questions on which the city council seeks information and no person called to appear
198	198	185before the city council under this section shall be required to respond to any question not relevant
199	199	186or related to those presented in advance and in writing. Notice shall be by delivery in hand, or by
200	200	187registered or certified mail to the last known place of residence of any such person.
201	201	188 SECTION 2-8 Officers elected by City Council.
202	202	189 (a)Budget/Management Analyst - The city council shall elect a budget/management
203	203	190analyst to serve for a term of 3 years and until a successor is chosen and qualified. In the case of
204	204	191a vacancy in the position, the city council shall fill such vacancy promptly. The council may
205	205	192advertise for the position and shall post the vacancy in accordance with SECTION 8-12 or retain
206	206	193consultant services for an individual to serve as budget/management analyst. The council may
207	207	194pursue either or both options for selection prior to determining whether the budget/management
208	208	195analyst shall serve as an employee or as a consultant. The budget/management analyst shall
209	209	196perform a legislative oversight and a post-audit function and shall not be involved in the day-to-
210	210	197day administrative detail of the financial operations of the city. The budget/management analyst
211	211	198shall have free access to all books, accounts, bills and vouchers of the city and shall continuously
212	212	199review and examine the same. The budget/management analyst shall make periodic reports
213	213	200thereon to the city council, with such frequency as the city council by ordinance, by rule or by 11 of 87
214	214	201other vote may direct, but not less frequently than quarterly. All officials of the city shall
215	215	202cooperate with the budget/management analyst in the performance of this oversight function.
216	216	203The budget/management analyst shall have such other powers and duties as may be provided by
217	217	204Charter, by ordinance or by other vote of the city council. If the budget/management analyst is an
218	218	205employee, the salary for the position shall never be less than ½ the amount provided for the
219	219	206office of finance director.
220	220	207 (b)City Clerk - The city council shall elect a city clerk to serve for a term of 3 years
221	221	208and until a successor is chosen and qualified. The city clerk shall have the powers and duties
222	222	209relating to the keeping of records and vital statistics, the regulation and conduct of elections and
223	223	210the issuance of licenses as are provided to city clerks by general laws and such additional powers
224	224	211and duties as may be provided by general laws, by Charter, by ordinance or by other vote of the
225	225	212city council.
226	226	213 (c)Clerk of the Council - The city council shall elect a clerk of the council, who may
227	227	214be the city clerk, to serve for a term of 3 years and until a successor is chosen and qualified. The
228	228	215clerk of the council shall give notice of its meetings to its members and to the public, keep the
229	229	216journal of its proceedings and perform such other duties as may be provided by ordinance or by
230	230	217other vote of the city council.
231	231	218 (d)Salaries/Compensation - The officers and employees appointed or elected by the
232	232	219city council shall receive such salaries or other compensation as may from time to time be
233	233	220provided for such offices and employees, by ordinance. 12 of 87
234	234	221 (e)Removal/Suspension - Any person appointed or elected by the city council may
235	235	222be removed or suspended by the city council by the use of procedures contained in SECTION 8-
236	236	22314.
237	237	224 SECTION 2-9 Ordinances and other measures.
238	238	225 (a)Emergency ordinances - No ordinance shall be passed finally on the date it is
239	239	226introduced, except in case of emergency involving the health or safety of the people or their
240	240	227property.
241	241	228 No ordinance shall be regarded as an emergency ordinance unless the emergency is
242	242	229defined and declared in a preamble to such ordinance, separately voted upon and receiving the
243	243	230affirmative vote of six or more members of the city council.
244	244	231 Emergency ordinances shall stand repealed on the 61st day following their adoption,
245	245	232unless an earlier date is specified in the measure, or unless a second emergency measure adopted
246	246	233in conformity with this section is passed extending it, or unless a measure passed in conformity
247	247	234with the procedures for measures generally has been passed extending it.
248	248	235 (b)Measures, in general - The city council may pass a measure through all of its
249	249	236stages at any one meeting, except proposed ordinances, appropriation orders and loan
250	250	237authorizations, provided that no member of the city council shall object; but, if any single
251	251	238member objects, a vote on the measure shall be postponed to the next meeting of the city council.
252	252	239 On the first occasion that the question of adopting any measure is put to the city council,
253	253	240except an emergency measure as defined in SECTION 2-9(a), if a single member objects to the
254	254	241taking of a vote, the vote shall be postponed until the next meeting of the city council, regular or 13 of 87
255	255	242special. If, when the matter is next taken up for a vote, 3 or more members object to the taking of
256	256	243the vote, the matter shall be further postponed for not less than an additional 5 days, but no later
257	257	244than the next scheduled council meeting following the passage of the 5 days above. This
258	258	245procedure shall not be used more than once for any measure, notwithstanding any amendments
259	259	246made to the original measure.
260	260	247 (c)Publication - Every proposed ordinance, appropriation order or loan
261	261	248authorization, except emergency ordinances as provided in SECTION 2-9(a), shall be posted and
262	262	249published on the city bulletin board, city website and in the local newspaper, and in any
263	263	250additional manner required by this charter, or state or federal law, as well as be made available at
264	264	251the office of the city clerk at least 10 days before final passage. Whenever a proposed ordinance
265	265	252would exceed in length more than 10 column inches of ordinary newspaper notice print, then in
266	266	253lieu of publication of the full text of the ordinance in the local newspaper, the city clerk shall
267	267	254prepare and cause to be published in a local newspaper a summary of the proposed ordinance,
268	268	255including its purpose and provisions, along with notice stating the times and places where the full
269	269	256text of the ordinance may be reviewed by the public. Such summary shall be subject to review by
270	270	257and approval by the city solicitor prior to publication in a local newspaper. After final passage,
271	271	258the full text of any ordinance shall be posted on the city bulletin board and the city website and
272	272	259steps shall be taken by the city clerk to forthwith incorporate such ordinance into the official
273	273	260publication of the complete city ordinances.
274	274	261 (d)Council reconsideration - The clerk of the city council shall hold every measure
275	275	262adopted by the city council for a period of 72 hours, Saturdays, Sundays and legal holidays
276	276	263excepted, and if during said time notice of an intent to file a motion to reconsider the matter is
277	277	264filed with the clerk of the council by a member entitled to make such a motion, the measure shall 14 of 87
278	278	265be returned to the city council for further action. If no such statement of intent is filed with the
279	279	266clerk of the council during such period, the clerk shall, at the expiration of the said 72-hour
280	280	267period, forthwith present the matter to the mayor.
281	281	268 SECTION 2-10 Council review of certain appointments.
282	282	269 The mayor shall submit to the city council the name of each person the mayor desires to
283	283	270appoint to any city office, as a department head or as a member of a multiple-member body, but
284	284	271not including any position which is subject to the civil service law. The city council shall refer
285	285	272each such name as is submitted to it to a standing committee of the city council which shall
286	286	273investigate each such candidate for appointment and may make a report, with recommendations,
287	287	274to the full city council not less than 7 days nor more than 21 days following such referral. The
288	288	275committee may require any person whose name has been referred to it to appear before the
289	289	276committee, or before the city council, to give such information relevant to such appointment as
290	290	277the committee, or the city council, may require.
291	291	278 Appointments made by the mayor shall become effective on the 30th day following the
292	292	279date on which notice of the proposed appointment was filed with the clerk of the council, unless
293	293	280the city council shall within the said 30 days vote to reject such appointment, or unless the city
294	294	281council has sooner voted to affirm the appointment. Rejection by the city council shall require a
295	295	282two-thirds vote of the full council, except that an appointment to a multiple-member body may
296	296	283be rejected by a majority vote of the full council. The question on rejection of any appointment
297	297	284made by the mayor shall not be subject to the procedure of Charter objection provided in
298	298	285SECTION 2-9(b) of this Charter.
299	299	286 SECTION 2-11 Filling of vacancies. 15 of 87
300	300	287 (a)Councilor-at-Large - If a vacancy shall occur in the office of councilor-at-large
301	301	288during the first 18 months of the term for which councilors are elected, the vacancy shall be
302	302	289filled in descending order of votes received by the candidate for the office of councilor-at-large
303	303	290at the preceding regular municipal election who received the largest number of votes without
304	304	291being elected, provided such person remains eligible and willing to serve and provided such
305	305	292person received votes at least equal to 30% of the vote total received by the person receiving the
306	306	293largest number of votes for the office of councilor-at-large at the said election. The city clerk
307	307	294shall certify such candidate to the office of councilor-at-large to serve for the balance of the
308	308	295concluding term.
309	309	296 (b)Ward Councilor - If a vacancy shall occur in the office of ward councilor in the
310	310	297first 18 months of the term to which councilors are elected, it shall be filled in the same manner
311	311	298as provided in SECTION 2-11(a) for the office of councilor-at-large except that the list shall be
312	312	299of the candidates for the office of ward councilor in the ward in which the vacancy occurs.
313	313	300 (c)Filling of vacancies by City Council - Whenever a vacancy shall occur in the
314	314	301office of councilor-at-large or in that of ward councilor and (1) there is no available candidate to
315	315	302fill such vacancy in the manner provided in SECTION 2-11(a) or (b) and (2) more than 6 months
316	316	303remains on the existing term, the vacancy shall be filled by vote of the remaining members of the
317	317	304city council. The council shall post notice of the vacancy for 14 days, and the council shall
318	318	305include among such candidates for the vacancy any candidates for the now vacant seat in the
319	319	306prior regular municipal election who were not elected and did not meet the criteria of SECTION
320	320	3072-11(a) or (b). The council president shall provide the opportunity for each candidate seeking to
321	321	308fill a vacancy to address the council prior to its vote to fill any vacancy. Persons elected to fill a
322	322	309vacancy by the city council shall serve only until the next regular municipal election, at which 16 of 87
323	323	310time the vacancy shall be filled by the voters and the person elected to fill such vacancy shall
324	324	311forthwith be sworn and shall serve for the remainder of the balance of the concluding term in
325	325	312addition to the term for which elected. Persons serving as city councilors under this section shall
326	326	313not be entitled to have the words "candidate for re-election" printed against their names on the
327	327	314election ballot.
328	328	315 (d)If the vacancy shall occur during the last 6 months of the term of office, such
329	329	316vacancy for a ward councilor shall be filled by the person at the next regular municipal election
330	330	317who receives the highest number of votes for the office of ward councilor from that ward. Such
331	331	318vacancy for a councilor-at-large council seat shall be filled by the person at the next regular
332	332	319municipal election who is not presently serving and receives the highest number of votes for
333	333	320councilor-at-large from among the candidates for the office who are not presently serving. Such
334	334	321ward councilor or councilor-at-large shall forthwith be certified by the city clerk to serve for the
335	335	322balance of the concluding term in addition to the term to which elected.
336	336	323 Article 3
337	337	324 Executive Branch
338	338	325 SECTION 3-1 Mayor: qualifications; term of office; compensation.
339	339	326 (a)Mayor, qualifications - The chief executive officer of the city shall be a mayor,
340	340	327elected by and from the voters of the city at large. Any voter shall be eligible to hold the office of
341	341	328mayor. The mayor shall devote full time to the office and shall not hold any other elective public
342	342	329office, nor shall the mayor be actively engaged in any other business, occupation or profession
343	343	330during the period of service as mayor. 17 of 87
344	344	331 (b)Term of office - The term of office of the Mayor shall be two years beginning on
345	345	332the first Monday of January following the biennial City election at which chosen and until a
346	346	333successor is qualified.
347	347	334 (c)Compensation - The city council shall, by ordinance, establish an annual salary
348	348	335for the mayor. No ordinance increasing or decreasing the salary of the mayor shall be effective
349	349	336unless it shall have been adopted in the first 12 months of the term for which the mayor is elected
350	350	337and it provides that such salary is to become effective in January of the year following the next
351	351	338regular municipal election that includes the election of a mayor.
352	352	339 SECTION 3-2 Executive powers; enforcement of ordinances.
353	353	340 The executive powers of the city shall be vested solely in the mayor, and may be
354	354	341exercised by the mayor either personally or through the several city agencies under the general
355	355	342supervision and control of the office of the mayor. The mayor shall cause the Charter, the laws,
356	356	343the ordinances and other orders for the government of the city to be enforced, and shall cause a
357	357	344record of all official acts of the executive branch of the city to be kept.
358	358	345 The mayor shall exercise a general supervision and direction over all city agencies, unless
359	359	346otherwise provided by law, by the Charter or by ordinance. Each city agency shall furnish to the
360	360	347mayor, forthwith upon request, any information, materials or otherwise as the mayor may request
361	361	348and as the needs of the office and the interest of the city may require.
362	362	349 The mayor shall be the chief procurement officer for the city responsible for buying,
363	363	350purchasing, renting, leasing, or otherwise acquiring all supplies and all services for all
364	364	351departments and all activities of the city and including all functions that pertain to the obtaining
365	365	352of a supply or a service, including description of requirements, selection and solicitation of 18 of 87
366	366	353sources, preparation and award of all contracts and all phases of contract administration. The
367	367	354mayor may delegate all or any portion of such powers and duties to a subordinate officer, but no
368	368	355such delegation shall in any way absolve the mayor from the ultimate responsibility for all
369	369	356procurement activities.
370	370	357 The mayor shall supervise, direct and be responsible for the efficient administration of all
371	371	358city activities and functions placed under the control of the mayor by law, by this Charter, by
372	372	359ordinance or otherwise. The mayor shall be responsible for the efficient and effective
373	373	360coordination of the activities of all agencies of the city of Beverly and for this purpose shall have
374	374	361authority consistent with law to call together for consultation, conference and discussion at all
375	375	362reasonable times all persons serving the city, whether elected directly by the voters, chosen by
376	376	363persons elected directly by the voters, or otherwise.
377	377	364 The mayor shall hold no other city office or city employment for which a salary or other
378	378	365emolument is payable from the city treasury. No former mayor shall hold any compensated
379	379	366appointed city office or city employment until one year following the date on which such former
380	380	367mayor's city service has terminated.
381	381	368 SECTION 3-3 Appointments by Mayor.
382	382	369 The mayor shall appoint, subject to the review of such appointments by the city council
383	383	370as provided in SECTION 2-10, all city officers, department heads and the members of multiple-
384	384	371member bodies for whom no other method of appointment or selection is provided by the
385	385	372Charter, excepting only persons serving under the school committee, and persons serving under
386	386	373the city council. Except as may otherwise be required by the civil service law, appointments
387	387	374made by the mayor shall be for periods not to exceed 3 years; provided, however, the mayor may 19 of 87
388	388	375appoint the head of a department related to the public safety for a term of not less than 3 years
389	389	376nor more than 5 years. The mayor may suspend or remove any person appointed by the mayor in
390	390	377accordance with the procedure established in SECTION 3-4. The decision of the mayor in
391	391	378suspending or removing a department head shall be final.
392	392	379 All persons categorized as department heads shall, subject to the consent of the mayor,
393	393	380appoint all assistants, subordinates and other employees of the agency for which such person is
394	394	381responsible. The department head may suspend or remove any assistant, subordinate or other
395	395	382employee of the agency for which such person is responsible in accordance with the procedures
396	396	383established in SECTION 8-14.
397	397	384 SECTION 3-4 Removal or suspension of certain officials.
398	398	385 (a)In general - The mayor may, in writing, remove or suspend any city officer,
399	399	386member of a multiple-member body, or the head of any city department appointed by the mayor
400	400	387by filing a written statement, with the city clerk, setting forth in precise detail the specific
401	401	388reasons for such removal or suspension. A copy of the written statement shall be delivered in
402	402	389hand, or mailed by certified mail, postage prepaid, to the last known address of the said city
403	403	390officer, member of a multiple-member body, or head of a department. The said city officer,
404	404	391member of a multiple-member body, or head of a department may make a written reply by filing
405	405	392such a reply statement, with the city clerk, within 10 days following the date the statement of the
406	406	393mayor has been filed; but such reply shall have no effect upon the removal or suspension unless
407	407	394the mayor shall so determine. The said city officer, member of a multiple-member body, or head
408	408	395of a department may request permission to appear at a public meeting of the city council to read
409	409	396the written reply concerning removal or suspension. If permission for said city officer, member 20 of 87
410	410	397of a multiple-member body, or head of a department to attend a meeting of the city council is
411	411	398granted for such purpose, the mayor may attend the same meeting to read the statement of
412	412	399removal or suspension filed by the mayor in the first instance. The city council shall have no
413	413	400authority to vote or otherwise express its views concerning such removal or suspension.
414	414	401 (b)Public safety - The mayor may, in writing, remove or suspend the head of any city
415	415	402department relating to the public safety appointed by the mayor by filing a written statement,
416	416	403with the city clerk, setting forth in precise detail the specific reasons for such removal or
417	417	404suspension. A copy of the written statement shall be delivered in hand, or mailed by certified
418	418	405mail, postage prepaid, to the last known address of the said head of a department. The said city
419	419	406officer or head of a department may make a written reply by filing such a reply statement, with
420	420	407the city clerk, within 10 days following the date the statement of the mayor has been filed; but
421	421	408such reply shall have no effect upon the removal or suspension unless the mayor shall so
422	422	409determine. The said city officer or head of a department may request permission to appear at a
423	423	410public meeting of the city council to contest the decision of the mayor concerning a removal
424	424	411from office and to read the written reply filed with the city clerk concerning such removal. If
425	425	412permission for said head of a department to attend a meeting of the city council is granted for
426	426	413such purpose, the mayor may attend the same meeting to read the statement of removal filed by
427	427	414the mayor in the first instance. The city council shall have the authority to vote to approve or
428	428	415disapprove of the action of the mayor, but it shall have no other power to otherwise express its
429	429	416views concerning such removal or suspension. The removal shall not take effect unless at least 5
430	430	417members of the city council shall vote to confirm the action of the mayor.
431	431	418 SECTION 3-5 Temporary appointments to City offices. 21 of 87
432	432	419 Whenever a vacancy, either temporary or permanent, occurs in a city office and the needs
433	433	420of the city require that such office be filled, the mayor may designate the head of another city
434	434	421agency or a city officer or city employee, or some other person to perform the duties of the office
435	435	422on a temporary basis until such time as the position can be filled as otherwise provided by law,
436	436	423by the Charter or by ordinance. The mayor shall file a certificate in substantially the following
437	437	424form, with the city clerk, whenever a person is designated under this section:
438	438	425 I designate (name of person) to perform the duties of the office of (designate office in
439	439	426which vacancy exists) on a temporary basis until the office can be filled by (here set out the
440	440	427regular procedure for filling the vacancy, or when the regular officer shall return). I certify that
441	441	428said person is qualified to perform the duties which will be required and that I make this
442	442	429designation solely in the interests of the city of Beverly.
443	443	430 (signed)
444	444	431 Mayor
445	445	432 Persons serving as temporary officers under the authority of this section shall have only
446	446	433those powers of the office indispensably essential to the performance of the duties of the office
447	447	434during the period of such temporary appointment and no others. In the case of a temporary
448	448	435vacancy, no temporary appointment shall be for more than 60 days and not more than (1) 30-day
449	449	436renewal of a temporary appointment may be made. When a permanent vacancy exists in the
450	450	437office, the initial appointment shall be for not more than 60 days, and not more than (3) 30-day
451	451	438renewals of such appointment may be made following the initial appointment.
452	452	439 SECTION 3-6 Communications; special meetings. 22 of 87
453	453	440 (a)Communications to the City Council - Within 6 weeks following the start of each
454	454	441fiscal year, the mayor shall submit to the city council, and make available for public distribution,
455	455	442a complete report on the financial and administrative activities of the city for the preceding fiscal
456	456	443year. The mayor shall, from time to time throughout the year, by written communications,
457	457	444recommend to the city council for its consideration such measures as, in the judgment of the
458	458	445mayor, the needs of the city require. The mayor shall, from time to time throughout the year, but
459	459	446at least quarterly, by written communications, keep the city council fully informed of the
460	460	447financial and administrative condition of the city and shall specifically indicate in any such
461	461	448reports any fiscal, financial or administrative problems of the city.
462	462	449 (b)Special meetings of the City Council - The mayor may at any time call a special
463	463	450meeting of the city council, for any purpose, by causing a notice of such meeting to be delivered
464	464	451in hand or to the residence of or by electronic mail to each member of the city council. Such
465	465	452notice shall, except in an emergency of which the mayor shall be the sole judge, be delivered at
466	466	453least 48 weekday hours in advance of the time set and shall specify the purpose or purposes for
467	467	454which the meeting is to be held. A copy of each such notice shall, forthwith, be posted on the city
468	468	455bulletin board.
469	469	456 SECTION 3-7 Approval of Mayor; exception (veto).
470	470	457 Every order, ordinance, resolution or vote adopted or passed by the city council relative
471	471	458to the affairs of the city, except memorial resolutions, the selection of city officers by the city
472	472	459council and any matters relating to the internal affairs of the city council, shall be presented to
473	473	460the mayor for approval. If the mayor approves of the measure, the mayor shall sign it; if the
474	474	461mayor disapproves of the measure, the mayor shall return the measure, with the specific reason 23 of 87
475	475	462or reasons for such disapproval attached thereto, in writing, to the city council. The city council
476	476	463shall enter the objections of the mayor on its records, and not sooner than 10 days, nor after 30
477	477	464days from the date of its return to the city council, shall again consider the same measure. If the
478	478	465city council, notwithstanding such disapproval, by the mayor, shall again pass the order,
479	479	466ordinance, resolution or vote by a two-thirds vote of the full council, it shall then be deemed in
480	480	467force, notwithstanding the failure of the mayor to approve the same. If the mayor has neither
481	481	468signed a measure nor returned it to the city council within 10 days following the date it was
482	482	469presented to the mayor, the measure shall be deemed approved and in force.
483	483	470 SECTION 3-8 Temporary absence of Mayor.
484	484	471 (a)Acting Mayor - Whenever, the mayor shall be unable to perform the duties of the
485	485	472office for a period of 5 days or more, the president of the city council shall be the acting mayor.
486	486	473If the city council president is unwilling or unable to serve, the councilor-at-large with the
487	487	474second highest number of votes in the most recent regular municipal election shall serve as
488	488	475acting mayor, and if said councilor is unwilling or unable to serve, the councilor-at-large with the
489	489	476third highest number of votes in the most recent regular municipal election shall serve as acting
490	490	477mayor. If none of the councilors-at-large are willing or able to serve as mayor, the council shall
491	491	478elect from among its membership a councilor to serve as acting mayor.
492	492	479 The mayor shall, by a letter filed with the city council and a copy filed with the city clerk,
493	493	480designate a qualified city officer or city employee to exercise the powers and perform the duties
494	494	481of the office during the temporary absence of the mayor for periods of less than 5 days and to
495	495	482serve only when the needs of the city require and only to the extent necessary under the then
496	496	483circumstances. 24 of 87
497	497	484 (b)Powers of Acting Mayor - The acting mayor shall have only those powers of the
498	498	485mayor as may be necessary to the conduct of the business of the city in an orderly and efficient
499	499	486manner and which may not be delayed. The acting mayor shall have no authority to make any
500	500	487permanent appointment or removal from city service unless the mayor’s inability to serve shall
501	501	488extend beyond 60 days nor shall an acting mayor approve or disapprove of any measure adopted
502	502	489by the city council unless the time within which the mayor must act would expire before the
503	503	490return of the mayor. During any period in which any member of the city council is serving as
504	504	491acting mayor, such councilor shall not vote as a member of the city council.
505	505	492 SECTION 3-9 Vacancy in office of Mayor.
506	506	493 (a)Special election - If a vacancy in the Office of mayor occurs in the first 15 months
507	507	494of the term for which the mayor is elected, except for a vacancy as the result of a recall, the city
508	508	495council shall forthwith order a special election, to be held within 90 days following the date the
509	509	496vacancy is created, to fill such vacancy for the balance of the concluding term.
510	510	497 (b)Council election - If a vacancy in the Office of mayor occurs in the last nine
511	511	498months of the term for which the Mayor is elected, whether by reason of death, resignation,
512	512	499removal from office, or otherwise, the president of the city council shall become the mayor. If
513	513	500the city council president is unwilling or unable to serve, the vacancy shall be filled in the
514	514	501manner set forth in SECTION 3-8(a). Upon the qualification of the President of the city council
515	515	502other councilor-at-large, or ward councilor as the mayor, under this section, a vacancy shall exist
516	516	503in that council seat on the city council, which shall be filled in the manner provided in SECTION
517	517	5042-11. 25 of 87
518	518	505 (c)Vacancy as a result of a recall election – If a mayoral vacancy exists as a result of
519	519	506a recall election, the vacancy shall be filled by a special election as provided in SECTION 7-
520	520	50714(g) if such election can be held within the requirements of SECTION 7-14(f) of this charter.
521	521	508 (d)Powers; term of office - The mayor elected under SECTION 3-9(a) or (b) shall
522	522	509have all the powers of the mayor. A person elected pursuant to SUBSECTION (a), above, shall
523	523	510serve for the balance of the concluding term at the time of election to the office. A person chosen
524	524	511pursuant to SUBSECTION (b), above, shall serve until the time of the next regular municipal
525	525	512election at which time the person elected as mayor shall forthwith be certified by the city clerk
526	526	513and shall serve for the balance of the concluding term, in addition to the term to which such
527	527	514person was elected.
528	528	515 Article 4
529	529	516 School Committee
530	530	517 SECTION 4-1 School Committee.
531	531	518 (a)Composition; term of office - There shall be a School Committee which shall
532	532	519consist of seven members. Six of these members, to be known as "ward School Committee
533	533	520members," shall be nominated and elected by and from the voters of each ward, one such ward
534	534	521School Committee member to be elected from each of the six wards into which the City is
535	535	522divided, in accordance with Section 7-5. The Mayor shall serve as the seventh member of the
536	536	523School Committee. The term of office for all School Committee members shall be for 2 years
537	537	524each, beginning on the first Monday of January in the year following their election, and until
538	538	525their successors have been qualified. 26 of 87
539	539	526 (b)Eligibility - A ward School Committee member shall at the time of election be a
540	540	527voter of the ward from which elected; provided, however, if any ward School Committee
541	541	528member shall, during the first 18 months of the term of office, remove to another ward in the
542	542	529City, such office shall be deemed vacant and the balance of the unexpired term shall be filled in
543	543	530the manner provided in Section 4-1(f). If such removal occurs after the first 18 months of the
544	544	531term of office, such School Committee member may continue to serve for the balance of the term
545	545	532for which elected. If a ward School Committee member removes from the City during the term
546	546	533for which elected, such office shall immediately be deemed vacant and filled in the manner
547	547	534provided in Section 4-1(f).
548	548	535 (c)Powers and duties - The school committee shall have all powers which are
549	549	536conferred on school committees by general laws and such additional powers and duties as may
550	550	537be provided by the Charter, by ordinance, or otherwise and not inconsistent with said grant of
551	551	538powers conferred by general laws. The powers and duties of the school committee shall include
552	552	539the following:
553	553	540 1) To elect a Superintendent of the schools who shall be charged with the day-to-day
554	554	541administration of the school system, subject only to policy guidelines and directives adopted by
555	555	542the school committee;
556	556	543 2) To make all reasonable rules and regulations for the management of the public
557	557	544school system and for conducting the business of the school committee as the general laws so
558	558	545provide;
559	559	546 3) To adopt and administer an annual operating budget for the School Department,
560	560	547subject to appropriation by the city council. 27 of 87
561	561	548 4) The school committee shall have general charge and superintendence of all school
562	562	549buildings and grounds, shall furnish all school buildings with proper fixtures, furniture and
563	563	550equipment and shall provide ordinary maintenance of all school buildings and grounds; provided,
564	564	551however, the city council may, by ordinance, provide for the establishment of a central municipal
565	565	552maintenance department which may include maintenance of school buildings and grounds.
566	566	553Whenever the school committee shall determine that additional classrooms are necessary to meet
567	567	554the educational needs of the community, at least one member of the school committee, or
568	568	555designee of the school committee, shall serve on the agency, board or committee to which the
569	569	556planning or construction of such new, remodeled or renovated school building is delegated.
570	570	557 (d)Prohibitions - No member of the school committee shall hold any other city office
571	571	558or city employment for which a salary or other emolument is payable from the city treasury. No
572	572	559former member of the school committee shall hold any compensated appointed city office or city
573	573	560employment until 1 year following the date on which such member's service on the school
574	574	561committee has terminated.
575	575	562 (e)Salary - The city council may, by ordinance, provide an annual salary for the
576	576	563members of the school committee. No ordinance increasing such salary shall be effective,
577	577	564however, unless it shall have been adopted during the first 12 months of a term of office and it
578	578	565provides that such salary is to take effect with the organization of the city government following
579	579	566the next regular municipal election.
580	580	567 (f)Filling of vacancies - If a vacancy shall occur in the office of ward school
581	581	568committee member during the first 18 months of the term for which school committee members
582	582	569are elected, the vacancy shall be filled in descending order of votes received by the candidate for 28 of 87
583	583	570the office of ward school committee member from such ward at the preceding regular municipal
584	584	571election who received the largest number of votes without being elected, provided such person
585	585	572remains eligible and willing to serve and provided such person received votes at least equal to
586	586	57330% of the vote total received by the person receiving the largest number of votes for the office
587	587	574of ward school committee member in such ward. If there be no such candidate eligible and
588	588	575willing to serve, the vacancy shall be filled by a majority vote of the remaining members of the
589	589	576school committee and the city council sitting in joint convention, from among the voters of such
590	590	577ward. If the vacancy shall occur during the last 6 months of the term of office, such vacancy shall
591	591	578be filled by the person at the regular municipal election who receives the highest number of votes
592	592	579for the office of ward school committee member from such ward. Such person shall forthwith be
593	593	580certified and shall serve for the balance of the concluding term in addition to the term for which
594	594	581such person was elected. The city clerk shall certify such candidate to the office of ward school
595	595	582committee member to serve for the balance of the then concluding term as well as the term to
596	596	583which elected.
597	597	584 SECTION 4-2 School Committee President.
598	598	585 (a)Election and term - The school committee shall organize by electing one of the
599	599	586ward school committee members to serve as school committee president during the ensuing term
600	600	587of office.
601	601	588 (b)Powers and duties - The school committee president shall preside at all meetings
602	602	589of the school committee, regulate its proceedings and shall decide all questions of order. The
603	603	590school committee president shall appoint all members of all committees of the school committee,
604	604	591whether special or standing. The school committee president shall have the same powers to vote 29 of 87
605	605	592upon all measures coming before the school committee as any other member of the school
606	606	593committee. The school committee president shall perform such other duties consistent with the
607	607	594office as may be provided by Charter, by ordinance or by other vote of the school committee.
608	608	595 SECTION 4-3 School Committee budget.
609	609	596 The mayor and city council shall annually provide an amount of money sufficient for the
610	610	597support of the public schools as required by the General Laws. In acting on appropriations for
611	611	598educational costs, the city council shall vote on the total amount of appropriations requested, and
612	612	599shall not allocate appropriations among accounts or place any restrictions on such appropriations.
613	613	600The vote of the city council shall establish the total appropriation for the support of the schools,
614	614	601but may not limit the authority of the school committee to determine expenditures within the
615	615	602total appropriations.
616	616	603 Article 5
617	617	604 Administrative Organization
618	618	605 SECTION 5-1 Organization of City agencies.
619	619	606
620	620	607 Administrative Code - The mayor may from time to time prepare and submit to the city
621	621	608council plans of organization or reorganization which establish operating divisions for the
622	622	609orderly, efficient or convenient conduct of the business of the city; provided, however, that no
623	623	610function assigned by this charter to a particular city agency may be discontinued or assigned to
624	624	611any other city agency unless this charter specifically so provides. The mayor may, through the
625	625	612administrative code, and subject only to express prohibitions in a general law or this charter, 30 of 87
626	626	613reorganize, consolidate or abolish any city agency, in whole or in part; establish such new city
627	627	614agencies as are deemed necessary; and for such purpose may transfer the duties and powers and,
628	628	615so far as is consistent with the use for which the funds were voted by the city, transfer the
629	629	616appropriation of one city agency to another.
630	630	617 Whenever the mayor proposes such a plan any proposed changes to the administrative
631	631	618code shall be accompanied by a message from the mayor which explains the expected benefits
632	632	619and advises the city council if changes proposed shall require amendments, insertions, or
633	633	620revisions, repeal or otherwise of existing ordinances. The city council shall hold 1 or more public
634	634	621hearings on the proposal, giving notice by publication in a local newspaper and on the city
635	635	622website, which notice shall describe the scope of the proposal and the time and place at which
636	636	623the hearing will be held, not less than 7 days nor more than 14 days following said publication.
637	637	624 An organization or reorganization plan shall become effective at the expiration of 60 days
638	638	625following the date the proposal is submitted to the city council unless the city council shall, by a
639	639	626majority vote, within such period vote to disapprove the plan. The city council may vote only to
640	640	627approve or to disapprove the plan and may not vote to amend or to alter it.
641	641	628 SECTION 5-2 Publication of Administrative Code.
642	642	629 For the convenience of the public, the administrative code and any amendments to it shall
643	643	630be printed as an integral part of the ordinances of the city of Beverly.
644	644	631 SECTION 5-3 Merit principle.
645	645	632 All appointments and promotions of city officers and employees shall be made on the
646	646	633basis of merit and fitness demonstrated by examination, past performance, or by other evidence 31 of 87
647	647	634of competence and suitability. Each person appointed to fill an office or position shall be a
648	648	635person especially fitted by education, training and previous work experience to perform the
649	649	636duties of the office or position for which chosen.
650	650	637 SECTION 5-4 Department of Municipal Finance.
651	651	638 (a)Establishment; scope - There shall be a Department of Municipal Finance
652	652	639responsible for the performance of all of the fiscal and financial activities of the city. The
653	653	640Department of Municipal Finance shall assume all of the duties and responsibilities related to
654	654	641municipal finance activities which shall include treasury, collection, accounting and assessing;
655	655	642and it may have such additional powers, duties and responsibilities with respect to municipal
656	656	643finance related functions and activities as the city may from time to time provide, by ordinance.
657	657	644 (b)Director of Municipal Finance - The Department of Municipal Finance shall be
658	658	645under the direct control and supervision of a director of municipal finance who shall be
659	659	646appointed by and who shall be responsible to the mayor. The mayor shall also appoint the
660	660	647person, or persons, with management and oversight responsibility for treasury and/or collection
661	661	648functions. The director of municipal finance shall be a person especially fitted by education,
662	662	649experience and training to perform the duties of the office. The director of municipal finance
663	663	650shall be responsible for the supervision and coordination of all activities of the Department of
664	664	651Municipal Finance in accordance with the general laws, city ordinances, the administrative code
665	665	652and any accompanying rules and regulations. The mayor may specify that the director of
666	666	653municipal finance shall serve, ex officio, as the city treasurer, collector, treasurer-collector or
667	667	654city accountant.
668	668	655 SECTION 5-5 Department of Planning and Development. 32 of 87
669	669	656 (a)Establishment; scope - There shall be a Department of Planning and Development
670	670	657responsible for the coordination of all the planning and development related activities of the city.
671	671	658The Department of Planning and Development shall be responsible for the coordination of all of
672	672	659the duties and responsibilities related to planning and development activities which, prior to the
673	673	660adoption of the Home Rule Charter, were performed by or under the authority of the planning
674	674	661board, Board of Appeals, and the conservation commission; and it may have such additional
675	675	662powers, duties and responsibilities with respect to the coordination of planning and development
676	676	663related functions and activities as the city may from time to time provide, by ordinance, and
677	677	664which may include the coordination of all land acquisition and land management proposals,
678	678	665economic development planning, the preparation of a comprehensive or master plan and
679	679	666maintenance of a centralized source of records, reports, statistical data and other planning and
680	680	667development related materials.
681	681	668 (b)Director of Planning and Development - The Department of Planning and
682	682	669Development shall be under the direct control and supervision of a director of planning and
683	683	670development, who shall be appointed by and who shall be responsible to the mayor. The director
684	684	671of planning and development shall be a person especially fitted by education, experience and
685	685	672training to perform the duties of the office. The director of planning and development shall be
686	686	673responsible for the supervision and coordination of all activities of the Department of Planning
687	687	674and Development in accordance with the general laws, city ordinances, administrative code and
688	688	675rules and regulations.
689	689	676 SECTION 5-6 Planning and construction of buildings and other facilities. 33 of 87
690	690	677 (a)Composition, mode of appointment and term of office - There shall be a
691	691	678permanent Buildings and Other Facilities Planning and Construction Committee (which may be
692	692	679referred to as the "Planning and Construction Committee") consisting of 7 members. Six of the
693	693	680Committee members shall be appointed by the mayor for terms of 3 years each so arranged that
694	694	681the term of 2 members shall expire each year. In making appointments to the Committee, the
695	695	682mayor shall seek persons having experience in the fields of architecture, engineering,
696	696	683construction, real estate or law. The seventh member of the Committee shall be designated by the
697	697	684school committee and may, but need not, be a member of the school committee.
698	698	685 (b)Powers and duties - The Buildings and Other Facilities Planning and Construction
699	699	686Committee shall be responsible for monitoring the physical condition of all municipal buildings
700	700	687and other facilities. The Committee shall meet from time to time with representatives of
701	701	688municipal agencies to evaluate the need for additions, renovations or remodeling of any existing
702	702	689building or facility or for the construction of new buildings or other facilities. The Committee
703	703	690shall file written reports, at least annually, with the mayor in which it shall make
704	704	691recommendations as to the need for any project or projects.
705	705	692 Whenever any construction work on any municipal building or other facility is
706	706	693authorized, the Buildings and Other Facilities Planning and Construction Committee shall be
707	707	694responsible for all work in connection with the project, including site planning, surveying,
708	708	695engineering studies, architectural plans and specifications and the supervision of construction.
709	709	696 SECTION 5-7 Department of Human Resources.
710	710	697 (a)Establishment, scope - There shall be a Department of Human Resources which
711	711	698shall be responsible for all personnel and employee-related functions and activities of the city 34 of 87
712	712	699government and its administration. The Department of Human Resources shall assume all of the
713	713	700duties and responsibilities related to human resources activities which, prior to the adoption of
714	714	701the Home Rule Charter, were performed by or under the authority of the city Auditor, the city
715	715	702treasurer, and the heads of city agencies; and it may have such additional powers, duties and
716	716	703responsibilities with respect to human resources related functions and activities as the city may
717	717	704from time to time provide, by ordinance. The functions of the Department shall include the
718	718	705following:
719	719	706 1. Plan, administer and direct all phases of all municipal personnel plans and
720	720	707collective bargaining agreements, including job description, position classification, sick and
721	721	708vacation day administration, accident prevention programs, employee grievance procedures,
722	722	709physical examination processing, testing, review and evaluation of work records and all other
723	723	710record keeping related to city employees.
724	724	711 2. Develop new and revised personnel policies and practices to maintain and keep
725	725	712current the existing high standards for municipal personnel and ensure compliance with federal,
726	726	713state and local laws, rules and regulations regarding personnel and employment.
727	727	714 3. Review and evaluate all requests for new or additional personnel made by city
728	728	715agencies and make recommendations to the mayor.
729	729	716 4. Advise and assist all agency heads and employees in all aspects of municipal
730	730	717personnel matters, including but not limited to recruitment, discipline, promotion, transfer,
731	731	718training, wages, insurance and other benefits of employment.
732	732	719 (b)Director of Human Resources - The Department shall be headed by a director of
733	733	720human resources appointed by the mayor and who shall be responsible to the mayor. The director 35 of 87
734	734	721of human resources shall be a person especially fitted by education, experience and training to
735	735	722perform the duties of the office. The director of human resources shall be responsible for the
736	736	723supervision and coordination of all activities of the Department of Human Resources and
737	737	724development in accordance with the general laws, city ordinances, administrative code and rules
738	738	725and regulations.
739	739	726 SECTION 5-8 Department of Municipal Inspections.
740	740	727 (a)Establishment; scope - There shall be a Department of Municipal Inspections
741	741	728which shall be responsible for the coordination of all inspection functions performed by any city
742	742	729officer, employee or agent. The Department of Municipal Inspections shall be responsible for the
743	743	730coordination of all of the inspection functions conducted by the city, including, but not limited
744	744	731to, those required under the zoning or any other city ordinance, the provisions of the Code of
745	745	732Massachusetts Regulations relating to buildings, electrical wiring, plumbing, gas fitting,
746	746	733sanitation, wetlands, fire protection and fire safety, hazardous materials, local regulations
747	747	734adopted by the board of health, conservation commission, historic districts commission, planning
748	748	735board and every other local inspection as may be otherwise authorized or conducted. The
749	749	736Department of Municipal Inspections shall have such additional powers, duties and
750	750	737responsibilities with respect to the coordination of municipal inspection functions as the city may
751	751	738from time to time provide by ordinance and which may include the maintenance of all records
752	752	739relating to inspections in a central place through a common index, a single application process
753	753	740which would indicate all inspections which might be necessary for a particular project and
754	754	741provide for a consolidated, coordinated review and processing of each such application. 36 of 87
755	755	742 (b)Director of Municipal Inspections - The Department of Municipal Inspections
756	756	743shall be under the direct control and supervision of a director of municipal inspections, who shall
757	757	744be appointed by the mayor and who shall be responsible to the mayor. The director of municipal
758	758	745inspections shall be a person especially fitted by education, experience and training to perform
759	759	746the duties of the office. The director of municipal inspections shall be responsible for the
760	760	747supervision and coordination of all activities of the Department of Municipal Inspections in
761	761	748accordance with the general laws, city ordinances, administrative code and rules and regulations.
762	762	749The director of municipal inspections shall, in addition to the coordination responsibilities
763	763	750assigned by this provision, also perform the duties of Building Inspector or any other position
764	764	751within the Department as the mayor may from time to time specify.
765	765	752 Article 6
766	766	753 Finance and Fiscal Procedures
767	767	754 SECTION 6-1 Fiscal year.
768	768	755 The fiscal year of the city shall begin on the first day of July and shall end on the last day
769	769	756of June, unless another period is required by general law.
770	770	757 SECTION 6-2 School Committee budget.
771	771	758 (a)Public hearing - At least 7 days before the meeting at which the school committee
772	772	759is scheduled to vote on its final budget request, the school committee shall cause to be published
773	773	760in a local newspaper and posted on the Beverly Public Schools website and the city website a
774	774	761general summary of its proposed budget. The summary shall specifically indicate any major
775	775	762variations from the current budget, and the reasons for such changes. It shall further indicate the 37 of 87
776	776	763times and places at which complete copies of its proposed budget are available for examination
777	777	764by the public, and the date, time and place when and where a public hearing will be held by the
778	778	765school committee on the proposed budget. Following the public hearing, the school committee
779	779	766shall take its final vote on its proposed budget.
780	780	767 (b)Submission to Mayor - The budget as adopted by the school committee shall be
781	781	768submitted to the mayor at least 21 days before the date the mayor is required to submit a
782	782	769proposed city budget to the city council to allow the mayor sufficient time within which to
783	783	770consider the effect the School Department's requested appropriation will have upon the total city
784	784	771operating budget the mayor is required to submit under this Article.
785	785	772 SECTION 6-3 Submission of budget and budget message.
786	786	773 Within the time fixed by law, before the start of the fiscal year of the city, the mayor shall
787	787	774submit to the city council a proposed operating budget for the ensuing fiscal year with an
788	788	775accompanying budget message and supporting documents. The mayor shall simultaneously
789	789	776provide for the publication in a local newspaper of a notice and a general summary of the
790	790	777proposed budget, and shall post such notice and summary on the city website, as well as the
791	791	778complete proposed budget. The summary shall specifically indicate any major variations from
792	792	779the current operating budget and the reason for such changes. The notice shall further indicate
793	793	780the times and places at which complete copies of the proposed operating budget for the city are
794	794	781available for examination by the public.
795	795	782 SECTION 6-4 Budget message.
796	796	783 The budget message of the mayor shall explain the budget for all city agencies both in
797	797	784fiscal terms and in terms of work programs. It shall outline proposed financial policies of the city 38 of 87
798	798	785for the ensuing fiscal year, describe important features of the budget, indicate any major
799	799	786variations from the current fiscal year in financial policies, expenditures and revenues together
800	800	787with the reasons for such changes, summarize the city's debt position and include other material
801	801	788as the mayor deems desirable.
802	802	789 SECTION 6-5 Budget.
803	803	790 The proposed operating budget shall provide a complete financial plan for all city funds
804	804	791and city activities for the ensuing fiscal year. Except as may otherwise be required by general
805	805	792law, or this Charter, it shall be in the form which the mayor deems desirable. In the presentation
806	806	793of the budget, the mayor shall utilize modern concepts of fiscal presentation so as to furnish an
807	807	794optimum level of information and the best financial control. The budget shall show in detail all
808	808	795estimated income from the proposed property tax levy and from all other sources and all
809	809	796proposed expenditures, including debt service, for the following year. The budget shall be
810	810	797arranged to show the actual and estimated income and expenditures for the previous, current and
811	811	798ensuing fiscal years and shall indicate in separate sections:
812	812	799 (a)Proposed expenditures for current operations during the ensuing fiscal year,
813	813	800detailed by city agency in terms of work programs, staffing, and the method of financing such
814	814	801expenditures;
815	815	802 (b)Proposed capital expenditures during the ensuing fiscal year, detailed by city
816	816	803agency, and the proposed method of financing each such capital expenditure;
817	817	804 (c)The relationship of each proposed capital expenditure to the capital improvement
818	818	805program required to be submitted under SECTION 6-8; and 39 of 87
819	819	806 (d)Estimated surplus revenue and budgetary fund balances at the end of the current
820	820	807fiscal year, including estimated balances in any special accounts established for specific
821	821	808purposes.
822	822	809 SECTION 6-6 Action on budget.
823	823	810 (a)Public Hearing - Forthwith upon its receipt of the proposed operating budget, the
824	824	811city council shall post on the city website and provide for the publication in a local newspaper of
825	825	812a notice stating the time and place, not less than 7 days nor more than 14 days following such
826	826	813publication, at which it will hold a public hearing on the proposed operating budget as submitted.
827	827	814 (b)Review - The city council shall consider, in open public meetings, the detailed
828	828	815expenditures proposed for each city agency and may confer with representatives of each such
829	829	816agency in connection with its review and consideration. The city council may require the mayor,
830	830	817or any other city agency, to furnish it with such additional information as it may deem necessary
831	831	818to assist it in its review and consideration of the proposed operating budget.
832	832	819 (c)Action by City Council - The city council shall adopt the budget, with or without
833	833	820amendments, within the time frame as is provided by general law. In amending the budget, the
834	834	821city council may delete or decrease any programs or amounts except expenditures required by
835	835	822law, or for debt service. If the city council fails to take any action with respect to any item in the
836	836	823proposed budget within the period as provided by general law, such amount shall, without any
837	837	824action by the city council, become a part of the appropriations for the ensuing fiscal year and
838	838	825shall be available for the purposes specified. The final budget shall be posted on the city’s
839	839	826website.
840	840	827 SECTION 6-7 Supplementary budgets; other appropriations. 40 of 87
841	841	828 (a)Intradepartmental transfers - With the approval of the mayor, funds appropriated
842	842	829for one line item within the appropriation made for a particular municipal agency may be
843	843	830transferred to another line item within the same municipal agency. Whenever such a transfer is
844	844	831authorized by the mayor, notice of the transfer, and the circumstances under which such transfer
845	845	832was deemed advisable, shall be filed with the clerk of the city council.
846	846	833 (b)Interdepartmental transfers - With the approval of the city council, funds
847	847	834appropriated for the use of one municipal agency may be transferred to the use of another
848	848	835municipal agency. Requests to the city council for the transfer of funds from one municipal
849	849	836agency to another shall be made by the mayor, in writing, and shall include a statement setting
850	850	837forth the reason the additional funds are needed by the agency to which it is proposed they be
851	851	838transferred and shall be accompanied by a certificate signed by the agency from which the
852	852	839appropriation is proposed to be taken that such transfer will not prevent that agency from
853	853	840performing its vital functions. A copy of this request shall, forthwith, be posted on the city
854	854	841bulletin board and on the city website. The city council shall, by its rules, provide a procedure
855	855	842governing interdepartmental transfer requests which shall include at least two readings and a
856	856	843public hearing by the city council. Such rule shall specify the circumstances under which notice
857	857	844by publication in a newspaper shall be required and circumstances under which simple posting
858	858	845on the city bulletin board and city website shall be sufficient.
859	859	846 (c)Supplementary appropriations - Whenever the mayor shall submit to the City
860	860	847Council a request for a new appropriation of any sum of money, either as a supplement to some
861	861	848item in the annual operating budget or for an item, or items, not included in the annual operating
862	862	849budget as adopted, the city council shall not act upon such request until it has (1) given notice by
863	863	850posting on the city’s website and publication in a local newspaper of the request, and (2) held a 41 of 87
864	864	851public hearing concerning such request. The publication of the notice and the public hearing
865	865	852shall be generally in conformity with the provisions of SECTION 6-6(a) concerning the
866	866	853proposed annual operating budget.
867	867	854 SECTION 6-8 Capital improvement program.
868	868	855 The mayor shall submit a capital improvement program to the city council at least 150
869	869	856days before the start of each fiscal year. It shall include:
870	870	857 (a)A clear and concise general summary of its contents;
871	871	858 (b)A list of all capital improvements proposed to be undertaken during the next
872	872	859ensuing 5 years, with supporting information as to the need for each capital improvement;
873	873	860 (c)Cost estimates, methods of financing and recommended time schedules for each
874	874	861improvement; and
875	875	862 (d)The estimated annual cost of operating and maintaining each facility and piece of
876	876	863major equipment involved.
877	877	864 This information is to be annually revised by the mayor with regard to the capital
878	878	865improvements still pending or in the process of being acquired, improved or constructed.
879	879	866 SECTION 6-9 Independent audit.
880	880	867 The city council shall select a certified public accountant or firm of certified public
881	881	868accountants to annually conduct an outside audit of the books and accounts of the city. Such
882	882	869accountant or firm shall have no personal interest, direct or indirect, in the fiscal affairs of the
883	883	870city or any of its officers. The council will be assisted in its effort by an audit committee to be 42 of 87
884	884	871composed of the council’s property and finance committee chair, who will serve as chair of the
885	885	872audit committee, the city’s finance director, the city accountant, a resident chosen by the city
886	886	873council president with experience in public finance, or public accounting and auditing, and the
887	887	874budget/management analyst for the council. The audit committee will assist the council in
888	888	875preparing the Request for Qualifications (RFQ), perform due diligence in the dissemination of
889	889	876the RFQ, evaluate responses, conduct any necessary firm interviews and make a
890	890	877recommendation to the council. The audit committee shall meet following the conclusion of each
891	891	878annual audit to evaluate the performance and effectiveness of the audit firm. The city council
892	892	879shall assure the conduct of the outside audit and shall annually request a sum of money sufficient
893	893	880to satisfy the estimated cost of conducting the audit as presented to the mayor, in writing, at the
894	894	881time of the city clerk’s submission of its proposed budget for the upcoming fiscal year to the
895	895	882mayor. The city council shall submit the award of the audit and proposed contract to the mayor
896	896	883to be signed. The award of a contract to audit shall be made by the city council on or before
897	897	884September 15 of each year. The report of the audit shall be filed in final form with the city
898	898	885council not later than March 31 in the year following its award. At least every 5 years, the city
899	899	886council shall conduct the procurement process as described in this SECTION to retain these
900	900	887auditing services.
901	901	888 Article 7
902	902	889 Elections; and Election Related Matters
903	903	890 SECTION 7-1 Regular municipal elections: general, preliminary.
904	904	891 The regular municipal election shall be held on the first Tuesday following the first
905	905	892Monday in November in each odd-numbered year. 43 of 87
906	906	893 On the sixth Tuesday preceding every regular municipal election there shall be a
907	907	894preliminary election for the purpose of nominating candidates.
908	908	895 SECTION 7-2 Nonpartisan elections.
909	909	896 All elections for city offices shall be nonpartisan and election ballots shall be printed
910	910	897without any party mark, emblem, or other designation whatsoever.
911	911	898 SECTION 7-3 Preliminary election.
912	912	899 (a)Signature requirements - The number of signatures of voters required to place the
913	913	900name of a candidate on the official ballot to be used at a preliminary election shall be as follows:
914	914	901for the office of mayor not less than 100 such signatures; provided, however, that not more than
915	915	90225 signatures from any one ward shall be counted in the minimum number of required
916	916	903signatures; for the office of councilor-at-large not less than 100 such signatures; provided,
917	917	904however, that not more than 25 signatures from any 1 ward shall be counted in the minimum
918	918	905number of required signatures; for the office of ward councilor and ward school committee
919	919	906member not less than 50 such signatures, all of which shall be from the ward from which the
920	920	907nomination is sought.
921	921	908 (b)Ballot position - The order in which names of candidates appear on the ballot for
922	922	909each office shall be determined by a drawing, by lot, conducted by the city clerk, which shall be
923	923	910open to the public.
924	924	911 (c)Determination of candidates - No more than twice the number of candidates to be
925	925	912elected to the same office receiving at a preliminary election the highest number of votes for
926	926	913nomination for any office shall be the sole candidates for that office whose names shall be 44 of 87
927	927	914printed on the official ballots to be used at the regular municipal election at which such office is
928	928	915to be voted upon, and no acceptance of a nomination shall be necessary to its validity.
929	929	916 If the preliminary election results in a tie vote among candidates for nomination receiving
930	930	917the lowest number of votes which, but for said tie vote, would entitle a person receiving the same
931	931	918to have their name printed on the official ballots for the election, all candidates participating in
932	932	919said tie vote shall have their names printed on the official ballots, although in consequence
933	933	920thereof there be printed on such ballots the names of candidates exceeding twice the number to
934	934	921be elected.
935	935	922 (d)Condition making preliminary unnecessary - If at the expiration of time for filing
936	936	923statements of candidates to be voted upon at any preliminary election not more than twice as
937	937	924many such statements have been filed with the city clerk for an office as candidates are to be
938	938	925elected to such office, the candidates whose statements have been filed with the city clerk shall
939	939	926be deemed to have been nominated to such office, and their names shall be voted upon for such
940	940	927office at the succeeding general election, and the city clerk shall not print their names on the
941	941	928ballots to be used at said preliminary election and no other nomination to such office shall be
942	942	929made. If in consequence it shall appear that no names for 1 or more offices are to be printed upon
943	943	930the official ballots to be used at a preliminary election for any particular office or offices of the
944	944	931city, no preliminary election shall be held for such office or offices.
945	945	932 SECTION 7-4 Ballot position, regular municipal election.
946	946	933 The order in which names of candidates appear on the ballot for each office shall be
947	947	934determined by a drawing, by lot, conducted by the city clerk, which shall be open to the public.
948	948	935 SECTION 7-5 Wards. 45 of 87
949	949	936 The territory of the city shall be divided into 6 wards so established as to consist of
950	950	937compact and contiguous territory, bounded insofar as possible by the center line of known streets
951	951	938or ways or by other well-defined limits. Each such ward shall be composed of voting precincts
952	952	939otherwise established in accordance with general laws. The city council shall from time to time,
953	953	940but at least once in each 10 years, review such wards to insure their uniformity in number of
954	954	941inhabitants.
955	955	942 SECTION 7-6 Application of state General Laws.
956	956	943 Except as expressly provided in this Charter and authorized by law, all regular municipal
957	957	944elections shall be governed by the laws of the commonwealth relating to the right to vote, the
958	958	945registration of voters, the nomination of candidates, the conduct of preliminary, general and
959	959	946special elections, the submission of charters, charter amendments and other propositions to the
960	960	947voters, the counting of votes, the recounting of votes, and the determination of results.
961	961	948 SECTION 7-7 Petitions to Council or School Committee.
962	962	949 The city council or the school committee shall hold a public hearing and act with respect
963	963	950to every petition that is addressed to it, which is signed by 100 voters, or more, and seeks the
964	964	951passage of a measure. The hearing shall be held by the city council or the school committee, or,
965	965	952in either case, by a committee or subcommittee thereof, and the action by the city council or the
966	966	953school committee shall be taken not later than 90 days after the petition is filed with the clerk of
967	967	954the council or the secretary of the school committee as may be appropriate. Hearings on 2 or
968	968	955more petitions filed under this SECTION may be held at the same time and place. The clerk of
969	969	956the council or the secretary of the school committee shall mail notice of the hearing to the 10
970	970	957persons whose names appear first on the petition at least 5 days before the hearing. Notice, by 46 of 87
971	971	958publication, of all such hearings shall be at public expense, and shall include both newspaper
972	972	959publication and posting on the city website.
973	973	960 SECTION 7-8 Citizen initiative measures.
974	974	961 (a)Commencement - Initiative procedures shall be started by the filing of a proposed
975	975	962initiative petition with the city clerk or the secretary of the school committee. The petition shall
976	976	963be addressed to the city council or to the school committee, shall contain a request for the
977	977	964passage of a particular measure which shall be set forth in full in the petition, and shall be signed
978	978	965by at least 250 voters. At least 25 signatures must be certified from each ward. The petition shall
979	979	966be accompanied by an affidavit signed by 10 voters and containing their residential address
980	980	967stating those voters will constitute the petitioners committee and be responsible for circulating
981	981	968the petition and filing it in proper form. Signatures to an initiative petition need not all be on 1
982	982	969paper, but all such papers pertaining to any 1 measure shall be fastened together and shall be
983	983	970filed as a single instrument, with the endorsement thereon of the name and residence address of
984	984	971the person designated as filing the same. With each signature on the petition there shall also
985	985	972appear the street and number of the residence of each signer.
986	986	973 (b)Referral to City Solicitor - The city clerk or the secretary of the school committee
987	987	974shall, immediately following receipt of a proposed petition, deliver a copy of the petition to the
988	988	975board of registrars of voters. If the board of registrars of voters determines that a petition has
989	989	976been signed by at least 250 voters, the petition shall be transmitted forthwith to the city solicitor.
990	990	977The city solicitor shall, within 30 days following receipt of a copy of the petition, in writing,
991	991	978advise the city council or the school committee and the city clerk whether the measure as
992	992	979proposed may lawfully be proposed by the initiative process and whether, in its present form, it 47 of 87
993	993	980may lawfully be adopted by the city council or the school committee. If the opinion of the city
994	994	981solicitor is that the measure is not in proper form, the reply shall state the reasons for this
995	995	982opinion, in full. A copy of the opinion of the city solicitor shall be mailed to the members of the
996	996	983petitioners committee.
997	997	984 (c)Submission to City Clerk – If the city solicitor determines that the petition is in a
998	998	985proper form, the city clerk shall provide blank forms for the use of subsequent signers and shall
999	999	986print at the top of each blank form a fair, concise summary of the proposed measure, as
1000	1000	987determined by the city solicitor, together with the names and addresses of the first 10 voters who
1001	1001	988signed the originating petition. The city clerk shall notify the petitioners committee that the blank
1002	1002	989forms are issued. Within 60 days following the date of the notice, the petition shall be returned
1003	1003	990and filed with the city clerk signed by at least 10 per cent of the total number of voters as of the
1004	1004	991date of the most recent regular municipal election. Signatures to an initiative petition need not all
1005	1005	992be on 1 paper, but all papers pertaining to any single measure shall be fastened together and shall
1006	1006	993be filed as a single instrument, with the endorsement on it of the name and address of the person
1007	1007	994designated as filing the papers. With each signature on the petition there shall also appear the
1008	1008	995street and number of the residence of each signer. Within 10 days following the filing of the
1009	1009	996petition, the registrars of voters shall ascertain the number of voters that signed the petition and
1010	1010	997the percentage that number is of the total number of voters as of the date of the most recent
1011	1011	998regular municipal election. The registrars of voters shall attach to the petition a certificate
1012	1012	999showing the results of its examination and shall return the petition to the city clerk or the
1013	1013	1000secretary of the school committee, depending on how the petition is addressed. A copy of the
1014	1014	1001registrars of voters’ certificate shall also be mailed to the members of the petitioners committee. 48 of 87
1015	1015	1002 (d)Action on Petitions - Within 30 days following the date a petition has been
1016	1016	1003returned to the city clerk or the secretary of the school committee, the city council or the school
1017	1017	1004committee after publication in accordance with the provisions of SECTION 2-9(c), shall act with
1018	1018	1005respect to each initiative petition by passing it without change, by passing a measure which is
1019	1019	1006stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure which is
1020	1020	1007in lieu of an initiative measure shall be deemed to be a rejection of the initiative measure. If the
1021	1021	1008city council or the school committee fails to act within 30 days following the date the measure is
1022	1022	1009returned to it, the measure shall be deemed to have been rejected on such 30th day. If an
1023	1023	1010initiative measure is rejected, the city clerk or the secretary of the school committee shall
1024	1024	1011promptly give notice of that fact to the petitioners committee, by certified mail.
1025	1025	1012 (e)Supplementary Petitions - Within 45 days following the date an initiative petition
1026	1026	1013has been rejected, a supplemental initiative petition may be filed with the city clerk or the
1027	1027	1014secretary of the school committee, but only by persons constituting the original petitioners
1028	1028	1015committee. The supplemental initiative petition shall be signed by a number of additional voters
1029	1029	1016equal to at least 5 percent of the total number of voters as of the date of the most recent regular
1030	1030	1017municipal election, and shall be examined by the board of registrars of voters who shall issue a
1031	1031	1018certificate as provided in subsection (c) within 10 days of the submission of the supplemental
1032	1032	1019petitions. The signatures on the initial petition filed under subsection (c) and the signatures on
1033	1033	1020the supplemental petition under this subsection, taken together, shall contain the signatures of at
1034	1034	1021least 15 percent of the total number of voters as of the date of the most recent regular municipal
1035	1035	1022election. If the number of signatures to this supplemental petition is found to be sufficient by the
1036	1036	1023registrars of voters and a certificate issued as described above is submitted to the city clerk, the
1037	1037	1024city council shall call a special election to be held on a date not less than 45 days nor more than 49 of 87
1038	1038	102590 days following the date of the certificate of the board of registrars of voters that a sufficient
1039	1039	1026number of voters have signed the supplemental initiative petition and shall submit the proposed
1040	1040	1027measure, without alteration, to the voters for determination; provided, however, if a regular
1041	1041	1028municipal election is to be held within 120 days following the date of the certificate, the city
1042	1042	1029council may omit calling the special election and cause the question to appear on the election
1043	1043	1030ballot at the approaching regular municipal election for determination by the voters.
1044	1044	1031 (f)Publication - The full text of an initiative measure which is submitted to the voters
1045	1045	1032shall be published in at least 1 local newspaper not less than 7 days nor more than 14 days
1046	1046	1033preceding the date of the election at which such question is to be voted upon. Additional copies
1047	1047	1034of the full text shall be available for distribution to the public in the office of the city clerk and
1048	1048	1035shall be posted on the city website.
1049	1049	1036 (g)Form of Question - The ballots used when voting on a measure proposed by the
1050	1050	1037voters under this section shall contain a question in substantially the following form:
1051	1051	1038 Shall the following measure which was proposed by an initiative petition take effect?
1052	1052	1039(Here insert the fair, concise summary of the proposed measure as determined by the city
1053	1053	1040solicitor as referenced in subsection (c)).
1054	1054	1041 [ ] YES
1055	1055	1042 [ ] NO
1056	1056	1043 (h)Time of taking effect – Subject to the requirements of SECTION 7-13, if a
1057	1057	1044majority of the votes cast on the question is in the affirmative, the measure shall be deemed to be
1058	1058	1045effective immediately, unless a later date is specified in the measure . 50 of 87
1059	1059	1046 SECTION 7-9 Citizen referendum procedures.
1060	1060	1047 (a)Petition, effect on final vote - If, within 21 days following the date on which the
1061	1061	1048city council or the school committee has voted finally to approve any measure, a petition signed
1062	1062	1049by a number of voters equal to at least 15 per cent of the total number of voters as of the date of
1063	1063	1050the most recent regular municipal election and addressed to the city council, or to the school
1064	1064	1051committee, protesting against the measure or any part of it is filed with the secretary of the
1065	1065	1052school committee or city clerk, the effective date of that measure shall be temporarily suspended.
1066	1066	1053The school committee or the city council shall immediately reconsider its vote on the measure or
1067	1067	1054part of it, and if the measure is not rescinded, the city council shall provide for the submission of
1068	1068	1055the question for a determination by the voters either at a special election, which it may call at its
1069	1069	1056convenience, within such time as may be requested by the school committee, or at the next
1070	1070	1057regular municipal election; provided, however, that pending this submission and determination,
1071	1071	1058the effect of the measure shall continue to be suspended.
1072	1072	1059 (b)Certain initiative provisions to apply - The petition described in this section shall
1073	1073	1060be termed a referendum petition and, as applicable, SECTION 7-8(a), (b), (c), (f) and (g) insofar
1074	1074	1061as the section relates to the filing and certification of signatures, and the ballot question shall
1075	1075	1062apply to such referendum petitions, except that the words "measure or part of it protested
1076	1076	1063against" shall be deemed to replace the word "measure" in said sections wherever it may occur
1077	1077	1064and the word "referendum" shall be deemed to replace the word "initiative" wherever it may
1078	1078	1065occur in said sections. Subject to the requirements of SECTION 7-13, the measure or part thereof
1079	1079	1066protested against shall be null and void unless a majority of those voting on the question shall
1080	1080	1067vote in favor of the measure or part of it protested against at the election. 51 of 87
1081	1081	1068 SECTION 7-10 Ineligible measures.
1082	1082	1069 None of the following shall be subject to the initiative or the referendum procedures:
1083	1083	1070 (1)Proceedings relating to the internal organization or operation of the city council or
1084	1084	1071of the school committee;
1085	1085	1072 (2)An emergency measure adopted in conformity with the Charter;
1086	1086	1073 (3)The city budget or the school committee budget as a whole;
1087	1087	1074 (4)Revenue loan orders;
1088	1088	1075 (5)Any appropriation for the payment of the city's debt or debt service;
1089	1089	1076 (6)An appropriation of funds to implement a collective bargaining agreement;
1090	1090	1077 (7)Proceedings relating to the election, appointment, removal, discharge,
1091	1091	1078employment, promotion, transfer, demotion, or other personnel action;
1092	1092	1079 (8)Any proceedings repealing or rescinding a measure or part thereof which is
1093	1093	1080protested by referendum procedures; and
1094	1094	1081 (9)Any proceedings providing for the submission or referral to the voters at an
1095	1095	1082election.
1096	1096	1083 SECTION 7-11 Submission of other matters to voters.
1097	1097	1084 The city council may of its own motion, and shall at the request of the school committee
1098	1098	1085if a measure originates with that body and pertains to affairs under its jurisdiction, submit to the
1099	1099	1086voters at any regular municipal election for adoption or rejection any measure in the same 52 of 87
1100	1100	1087manner and with the same force and effect as are hereby provided for submission by petitions of
1101	1101	1088voters.
1102	1102	1089 SECTION 7-12 Conflicting provisions.
1103	1103	1090 If 2 or more measures passed at the same election contain conflicting provisions, only the
1104	1104	10911 receiving the greatest number of affirmative votes shall take effect.
1105	1105	1092 SECTION 7-13. Required Voter Participation.
1106	1106	1093 For any measure to be effective under the initiative procedure and for any measure to be
1107	1107	1094declared null and void under the referendum procedure, at least 20% of the voters as of the most
1108	1108	1095recent regular municipal election must vote at an election that includes on the ballot submission
1109	1109	1096to the voters of 1 or more initiative or referendum questions.
1110	1110	1097 SECTION 7-14 Recall elections.
1111	1111	1098 (a)Application - Any person holding an elected city office may be recalled from such
1112	1112	1099office by the voters in accordance with the procedures made available in this SECTION.
1113	1113	1100 (b)Recall petition.
1114	1114	1101 (1)Office elected by voters at large - Four hundred or more voters may file with the
1115	1115	1102board of registrars of voters an affidavit containing the name of the officer sought to be recalled
1116	1116	1103and a statement of the grounds for recall. The signatures on such affidavit shall contain the
1117	1117	1104names of at least 60 voters in each of the wards into which the city is divided for the purpose of
1118	1118	1105elections. 53 of 87
1119	1119	1106 (2)Office elected by voters by ward - One hundred or more voters may file with the
1120	1120	1107board of registrars of voters an affidavit containing the name of the officer sought to be recalled
1121	1121	1108and a statement of the grounds for recall. The signatures on such affidavit shall contain the
1122	1122	1109names only of voters in the ward from which the officer was elected.
1123	1123	1110 (3)At large, or by ward - If the affidavit is found to be valid, the city clerk shall
1124	1124	1111thereupon deliver to the first 10 persons named on said affidavit, petition blanks demanding said
1125	1125	1112recall, printed forms of which shall be kept available. The blanks may be completed by printing
1126	1126	1113or by typewriting; they shall be addressed to the city council; they shall contain the names and
1127	1127	1114residence addresses of the 10 persons to whom they are issued and they shall contain the grounds
1128	1128	1115for recall as stated in the affidavit; they shall demand the election of a successor to the office;
1129	1129	1116and they shall be dated and signed by the city clerk.
1130	1130	1117 The recall petitions shall be returned to the office of the board of registrars of voters
1131	1131	1118within 28 days following the date they are issued, signed by not less than 20% of the total
1132	1132	1119number of voters (of the ward or district or of the city as is appropriate) as of the date of the most
1133	1133	1120recent regular municipal election.
1134	1134	1121 The sheets constituting a petition need not all be filed at the same time. For the purposes
1135	1135	1122of this SECTION, such a petition shall be deemed filed whenever the persons responsible for its
1136	1136	1123filing notify the board of registrars of voters, in writing, that the filing is complete. Before
1137	1137	1124receiving such notice, the board of registrars of voters may, but shall not be required to, certify
1138	1138	1125signatures on the sheets already filed.
1139	1139	1126 The board of registrars of voters shall, within 10 days following the date the petition
1140	1140	1127forms are filed, certify the number of signatures thereon which are the names of voters and the 54 of 87
1141	1141	1128percentage that number represents of the total number of voters as of the date of the most recent
1142	1142	1129regular municipal election.
1143	1143	1130 (c)Recall election - If the petitions are certified by the board of registrars of voters to
1144	1144	1131contain a sufficient number of signatures, they shall forthwith submit the same, with their
1145	1145	1132certificate, to the city council. Upon receipt of the certified petition forms, the city council shall
1146	1146	1133forthwith give written notice to the officer whose recall is sought of the validity of such petitions.
1147	1147	1134If the officer whose recall is sought does not resign the office within 5 days following delivery of
1148	1148	1135the said notice, or by leaving at the last known place of residence, the city council shall order a
1149	1149	1136special election to be held on a date fixed by it not less than 65 days nor more than 90 days after
1150	1150	1137the date of its notice to the officer whose recall is sought.
1151	1151	1138 (d)Ballot question - Ballots used at the recall election shall state the proposition in
1152	1152	1139substantially the following form: "Shall (insert name of officer) be recalled from the office of
1153	1153	1140(insert name of office held)?"
1154	1154	1141 [ ] YES
1155	1155	1142 [ ] NO
1156	1156	1143 (e)Officeholder - The person whose recall is sought shall continue to hold the office
1157	1157	1144and to perform the duties until the recall election. If a majority of the votes cast on the question
1158	1158	1145as stated above is in the affirmative, the officer shall be deemed to be recalled and the office
1159	1159	1146shall be deemed to be vacant upon the certification of the election results. If a majority of the
1160	1160	1147votes cast on the said question is in the negative, the person whose recall was sought shall
1161	1161	1148continue in the office until the expiration of the term for which elected, but subject to recall as
1162	1162	1149provided in SECTION 7-14(f), below. 55 of 87
1163	1163	1150 (f)Restriction on recall petition - No recall petition shall be filed against any officer
1164	1164	1151until at least 6 months following the commencement of a term of office, nor, in the case of an
1165	1165	1152officer subjected to a recall election and not recalled thereby, during the remainder of the current
1166	1166	1153term of office. A recall election shall not be held if less than 9 months of the term of office of the
1167	1167	1154person whose recall is sought remain at the time of the certification of the petition forms.
1168	1168	1155 (g)Filling of vacancy - If the Office of mayor is declared vacant as the result of a
1169	1169	1156recall election, the city council shall forthwith call a special election to be held on a date fixed by
1170	1170	1157it not less than 65 days nor more than 90 days following the date of the recall election. The
1171	1171	1158person elected at such special election shall serve for the balance of the unexpired term
1172	1172	1159remaining at the time of election.
1173	1173	1160 Vacancies in any other office shall be filled in accordance with the procedures for filling
1174	1174	1161the same as provided in SECTION 2-11 and SECTION 4-1(f)
1175	1175	1162 No person recalled from an office under the terms of this section shall be eligible to be a
1176	1176	1163candidate to fill any vacancy created by such recall.
1177	1177	1164 Article 8
1178	1178	1165 General Provisions
1179	1179	1166 SECTION 8-1 Charter Changes and Charter Review.
1180	1180	1167 (a)In general - This Charter may be replaced, revised or amended in accordance with
1181	1181	1168any procedure made available under the State Constitution, or by general laws enacted in
1182	1182	1169accordance with the State Constitution. 56 of 87
1183	1183	1170 (b)Periodic review - The city council shall provide, in every year ending in a zero,
1184	1184	1171for a review of the Charter by a special or standing committee of the council and 4 additional
1185	1185	1172persons to be appointed by the council president. The said committee shall file a report within
1186	1186	1173the said year recommending any changes in the Charter that it may deem to be necessary or
1187	1187	1174desirable.
1188	1188	1175 SECTION 8-2 Severability.
1189	1189	1176 The provisions of this Charter are severable. If any provision of this Charter is held
1190	1190	1177invalid, the other provisions shall not be affected thereby. If the application of this Charter, or
1191	1191	1178any of its provisions, to any person or circumstance is held invalid, the application of this Charter
1192	1192	1179and its provisions to other persons and circumstances shall not be affected thereby.
1193	1193	1180 SECTION 8-3 Specific provision to prevail.
1194	1194	1181 To the extent that any specific provision of this Charter may conflict with any other
1195	1195	1182provision expressed in general terms, the specific provision shall prevail.
1196	1196	1183 SECTION 8-4 Rules and regulations.
1197	1197	1184 A copy of all rules and regulations adopted by city agencies shall be placed on file in the
1198	1198	1185office of the city clerk and shall be available for review by any person who requests such
1199	1199	1186information at any reasonable time. No rule or regulation adopted by any city agency shall
1200	1200	1187become effective until 7 days following the date it is so filed.
1201	1201	1188 SECTION 8-5 Review of ordinances.
1202	1202	1189 The city council shall provide, in each year ending in a 2 or in a 7, for a review of all
1203	1203	1190ordinances of the city for the purpose of determining if any amendments or revisions may be 57 of 87
1204	1204	1191necessary or desirable. Such review shall be conducted under the supervision of the city solicitor,
1205	1205	1192or, if the city council so directs, by special counsel appointed for that purpose. A report, with
1206	1206	1193recommendations, shall be submitted within the said year.
1207	1207	1194 SECTION 8-6 Uniform procedures applicable to multiple-member bodies.
1208	1208	1195 (a)Meetings - All multiple-member bodies of the city shall meet regularly at such
1209	1209	1196times and places as they may, by their own rules, prescribe, unless some other provision is made
1210	1210	1197by ordinance or by law. Special meetings of any multiple-member body shall be held on the call
1211	1211	1198of the chairperson or by 1/3 of the members thereof, by written notice delivered in hand or to the
1212	1212	1199place of residence of or by electronic mail to each member which contains the item or list of
1213	1213	1200items to be acted upon. Except in case of an emergency, such notice shall be delivered at least 48
1214	1214	1201hours in advance of the time set for such meeting. A copy of such notice to members shall,
1215	1215	1202forthwith, be posted upon the city bulletin board and city website.
1216	1216	1203 (b)Rules and journals - Each multiple-member body shall determine its own rules
1217	1217	1204and order of business, unless otherwise provided by this Charter, by law, or by ordinance, and
1218	1218	1205shall provide for keeping minutes of its proceedings. These rules and the minutes of meetings
1219	1219	1206shall be public records, and certified copies of them shall be kept available in the office of the
1220	1220	1207city clerk. For the convenience of the public, copies of these records shall also be kept at the
1221	1221	1208Beverly Public Library; provided, however, such copies kept at the public library are not to be
1222	1222	1209construed in any way as being the official records.
1223	1223	1210 (c)Voting - If requested by any member, any vote of any multiple-member body
1224	1224	1211shall be taken by a call of the roll and the vote of each member shall be recorded in the journal;
1225	1225	1212provided, however, that if the vote is unanimous only that fact need be recorded. 58 of 87
1226	1226	1213 (d)Quorum - A majority of the members of a multiple-member body shall constitute
1227	1227	1214a quorum.
1228	1228	1215 SECTION 8-7 Number.
1229	1229	1216 Words importing the singular number may extend and be applied to several persons or
1230	1230	1217things; words importing the plural number may include the singular.
1231	1231	1218 SECTION 8-8 Computation of time.
1232	1232	1219 In computing time under the Charter, if 7 days or less, "days" shall refer to calendar days
1233	1233	1220not including Saturdays, Sundays or legal holidays. If more than 7 days, every day shall be
1234	1234	1221counted.
1235	1235	1222 SECTION 8-9 References to General Laws.
1236	1236	1223 All references to General Laws contained in the Charter refer to the General Laws of the
1237	1237	1224Commonwealth of Massachusetts and are intended to refer to and to include any amendments or
1238	1238	1225revisions to such chapters or sections, or to the corresponding chapters and sections of any
1239	1239	1226rearrangement, recodification, or revision of such statutes enacted or adopted subsequent to the
1240	1240	1227adoption of this Charter.
1241	1241	1228 SECTION 8-10 Certificate of election or appointment.
1242	1242	1229 Every person who is elected, including those elected by the city council, or appointed to
1243	1243	1230an office of the city shall receive a certificate of such election or appointment from the city clerk. 59 of 87
1244	1244	1231 Except as otherwise provided by law, before performing any act under an appointment or
1245	1245	1232election, all such persons shall take and subscribe to an oath of office and be sworn to the faithful
1246	1246	1233performance of their duties.
1247	1247	1234 SECTION 8-11 Oath of office of Mayor, Councilors, and School Committee members.
1248	1248	1235 The mayor-elect, councilors-elect, and school committee members-elect shall, on the first
1249	1249	1236Monday in January of each even-numbered year at 12:00 noon, meet and be sworn to the faithful
1250	1250	1237discharge of their duties. The oath may be administered to the mayor by the city clerk, or by a
1251	1251	1238judge of a court of record, or by a Justice of the Peace. The oath may be administered to the
1252	1252	1239members of the city council and the school committee by the mayor, after the mayor has been
1253	1253	1240duly sworn, or by any of the above named officials. A certificate that said oath or oaths have
1254	1254	1241been taken shall be entered in the journal of the city council.
1255	1255	1242 In case of the absence of the mayor-elect, or any member-elect of the city council or
1256	1256	1243school committee on said day, the oath of office may at any time thereafter be administered to
1257	1257	1244such person who for any reasons shall not have taken the oath on the day named. A certificate of
1258	1258	1245each oath subsequently taken shall be entered in the journal of the city council.
1259	1259	1246 After the oath has been administered to the councilors present, they shall organize, with
1260	1260	1247the member elected at large receiving the highest number of votes at the preceding regular
1261	1261	1248municipal election, as president, as provided in SECTION 2-2. The president shall be sworn by
1262	1262	1249the city clerk, or, in the case of the absence of the city clerk, by any person qualified to take
1263	1263	1250oaths or affirmations.
1264	1264	1251 After the oath has been administered to the school committee members present, the
1265	1265	1252committee shall organize by choosing a school committee president, as provided in SECTION 4- 60 of 87
1266	1266	12532. The president shall be sworn by the city clerk, or, in the case of the absence of the city clerk,
1267	1267	1254by any person qualified to take oaths or affirmations.
1268	1268	1255 SECTION 8-12 Notice of vacancies.
1269	1269	1256 Whenever a vacancy shall occur in any city office or in the employment of the city, or,
1270	1270	1257when by reason of a retirement, or resignation, or the expiration of a fixed term, or otherwise a
1271	1271	1258vacancy can be anticipated, the mayor or other appointing authority shall forthwith cause public
1272	1272	1259notice of such vacancy or impending vacancy to be publicly posted on the city bulletin board and
1273	1273	1260on the city website for not less than 10 days. Each such notice shall contain a brief description of
1274	1274	1261the duties of the office or position and shall indicate a list of necessary or desirable qualifications
1275	1275	1262for the office or position. Any person who desires to be considered for an appointment to fill
1276	1276	1263such vacancy may, within 10 days following the date the notice is posted, or such longer period
1277	1277	1264as may be indicated in such announcement, file with the appointing authority a statement setting
1278	1278	1265forth with reasonable clarity and specificity the qualifications of such person for such
1279	1279	1266appointment. No permanent appointment to fill any position shall be effective until at least 14
1280	1280	1267days have elapsed following such posting to permit the reasonable consideration of all such
1281	1281	1268applicants. This section shall not apply to positions covered under the civil service law and rules
1282	1282	1269or if in conflict with the provisions of a collective bargaining agreement.
1283	1283	1270 SECTION 8-13 Loss of office, excessive absence.
1284	1284	1271 If any person appointed to serve as a member of a multiple-member body shall fail to
1285	1285	1272attend 3 or more consecutive meetings, or all of the meetings held during 4 calendar months, or
1286	1286	12731/2 or more of all of the meetings of such body held in 1 calendar year, the remaining members
1287	1287	1274of the multiple-member body shall, by a majority vote of their members, notify the appointing 61 of 87
1288	1288	1275authority. Such notice to the appointing authority shall include the notice from the chair of the
1289	1289	1276multiple-member body to the person meeting the criteria above given in hand, or mailed, postage
1290	1290	1277prepaid, by registered or certified mail, return receipt requested, of the body’s intent to notify the
1291	1291	1278appointing authority of the incidence of absence at least 10 days before providing notice to the
1292	1292	1279appointing authority, and the response, if any, received from the person so notified. Only the
1293	1293	1280appointing authority may determine if the seat is to be declared vacant.
1294	1294	1281 SECTION 8-14 Removals and suspensions.
1295	1295	1282 Any city officer, member of a multiple-member body, department head or employee of
1296	1296	1283the city and not subject to the provisions of SECTION 3-4 the civil service law, or covered by
1297	1297	1284the terms of a collective bargaining agreement which provides a different method, and whether
1298	1298	1285appointed for a fixed or an indefinite term, may be suspended or removed from office by the
1299	1299	1286appointing authority. Any such person may be suspended from office by the appointing
1300	1300	1287authority for an initial period of 15 days, subject to an additional 15-day extension if deemed
1301	1301	1288necessary by the appointing authority.
1302	1302	1289 Nothing in this section shall be construed as granting a right to such a hearing to a person
1303	1303	1290who has been appointed for a fixed term when that term of office expires and such person is not
1304	1304	1291reappointed for another term of office.
1305	1305	1292 The appointing authority, when removing any such person, shall act in accordance with
1306	1306	1293the following procedure:
1307	1307	1294 (a)City Council Appointments – The city council, may, in writing, suspend and/or
1308	1308	1295remove any person appointed or elected by the city council by notice to the employee stating the
1309	1309	1296reason for the suspension and/or removal and advising the employee of the opportunity to 62 of 87
1310	1310	1297request to appear at a meeting of the council. This notice to said employee shall be delivered in
1311	1311	1298hand, mailed by certified mail, postage prepaid, to the last known address of said employee, or
1312	1312	1299emailed to said employee. At the same time, the city council shall file a written statement with
1313	1313	1300the Department of Human Resources, stating that such person is suspended and/or removed and
1314	1314	1301the effective date of said suspension or removal.
1315	1315	1302 The employee may make a written reply by filing such reply statement with the
1316	1316	1303Department of Human Resources and the city council president within 5 days following the date
1317	1317	1304the statement of the city council has been filed. In the reply, the employee may request
1318	1318	1305permission to appear at a public meeting of the city council to read the written reply concerning
1319	1319	1306suspension and/or removal. Such meeting must occur within 10 days of the employee’s request
1320	1320	1307unless otherwise agreed by the city council president and the employee.
1321	1321	1308 At the meeting, the employee shall be allowed to read their rebuttal statement or reply to
1322	1322	1309the notice of suspension and/or removal. The city council president may read the notice of
1323	1323	1310suspension and/or removal. The city council shall notify the employee of whether the decision
1324	1324	1311has been upheld, rescinded, or modified no later than 10 days after the council meeting is
1325	1325	1312adjourned. If such notification is not provided within such time, the decision to suspend and/or
1326	1326	1313remove shall remain in effect. If no meeting is requested, the decision of the city council is final
1327	1327	13146 days after delivery of the notice to the employee.
1328	1328	1315 (b)Any employee of the city, not subject to provisions (a) above, may be suspended
1329	1329	1316and/or removed by the appointing authority in accordance with the following procedure. The
1330	1330	1317appointing authority shall receive approval from the mayor before proceeding with any such
1331	1331	1318suspension and/or removal. Upon receiving such approval, the appointing authority shall provide 63 of 87
1332	1332	1319notice of the suspension and/or removal to said employee by stating the reason for the
1333	1333	1320suspension and/or removal, and advising the employee of the opportunity to request a meeting
1334	1334	1321with the mayor. This notice to said employee shall be delivered in hand, mailed by certified mail,
1335	1335	1322postage prepaid, to the last known address of said employee, or emailed to said employee. At the
1336	1336	1323same time, the appointing authority shall file a written statement with the Department of Human
1337	1337	1324Resources stating that such employee is suspended and/or removed and the effective date of said
1338	1338	1325suspension and/or removal.
1339	1339	1326 Within 2 days of delivery of the notice of suspension and/or removal, the employee may
1340	1340	1327request in writing a meeting with the mayor. Such meeting must be held within 5 days of receipt
1341	1341	1328of the employee’s request, unless otherwise agreed by the mayor and the employee. At the
1342	1342	1329meeting, the employee shall be allowed to reply verbally and/or in writing to the notice of
1343	1343	1330suspension and/or removal. The appointing authority and the Director of Human Resources may
1344	1344	1331be present at the meeting at the discretion of the mayor. Upon the direction of the mayor, the
1345	1345	1332appointing authority shall issue a final decision upholding, rescinding, or modifying the
1346	1346	1333suspension and/or removal no later than 5 days after the meeting. If such notification is not
1347	1347	1334provided within such time, the decision to suspend or remove shall remain in effect. If no
1348	1348	1335meeting is requested by the employee within 2 days of delivery of the notice of suspension
1349	1349	1336and/or removal, the decision of the appointing authority is final.
1350	1350	1337 Article 9
1351	1351	1338 Transitional Provisions
1352	1352	1339 SECTION 9-1 Continuation of existing laws. 64 of 87
1353	1353	1340 All general laws, special laws, city ordinances, city council votes, and rules and
1354	1354	1341regulations of or pertaining to the city that are in force when this Charter takes effect, and not
1355	1355	1342specifically or by implication repealed hereby, shall continue in full force and effect until
1356	1356	1343amended or repealed, or rescinded by due course of law, or until they expire by their own
1357	1357	1344limitation.
1358	1358	1345 SECTION 9-2 Continuation of government and administration.
1359	1359	1346 All city agencies shall continue to perform their duties until re-elected, re-appointed, or
1360	1360	1347until successors to their respective positions are duly appointed or elected, or until their duties
1361	1361	1348have been transferred and assumed by another city agency.
1362	1362	1349 SECTION 9-3 Transfer of records and property.
1363	1363	1350 All records, property and equipment whatsoever of any city agency, or part thereof, the
1364	1364	1351powers and duties of which are assigned in whole or in part to another city agency, shall be
1365	1365	1352transferred forthwith to such agency.
1366	1366	1353 SECTION 9-4 Continuation of personnel.
1367	1367	1354 Any person holding a City office, or a position in the administrative service of the City,
1368	1368	1355or any person holding full-time employment under the City, shall retain such office, or position,
1369	1369	1356or employment, and shall continue to perform the duties of such office, position or employment
1370	1370	1357until provision shall have been made for the performance of those duties by another person or
1371	1371	1358agency; provided, however, no person in the permanent full-time service of the City shall forfeit
1372	1372	1359their pay grade, or time in service of the City. All such persons shall be retained in a capacity as
1373	1373	1360similar to the capacity in which they were serving at the time this Charter is adopted as is 65 of 87
1374	1374	1361practicable and any reduction in the personnel needs of the City shall be accomplished through a
1375	1375	1362policy of attrition, unless specific provision is otherwise made in this article.
1376	1376	1363 SECTION 9-5 Effect on obligations, taxes, etc.
1377	1377	1364 All official bonds, recognizances, obligations, contracts, and other instruments entered
1378	1378	1365into or executed by or to the City before the adoption of this Charter, and all taxes, assessments,
1379	1379	1366fines, penalties, forfeitures, incurred or imposed, due or owing to the City, shall be enforced and
1380	1380	1367collected; and all writs, prosecutions, actions and causes of action, except as herein otherwise
1381	1381	1368provided, shall continue without abatement and remain unaffected by the Charter; and no legal
1382	1382	1369act done by or in favor of the City shall be rendered invalid by reason of the adoption of this
1383	1383	1370Charter.
1384	1384	1371 SECTION 9-6 Disposition of certain special laws.
1385	1385	1372 (a)Certain special laws recognized and retained — The following special acts are
1386	1386	1373hereby especially recognized and retained:
1387	1387	1374 An act passed by the legislature of the Colony of Massachusetts Bay on November 7,
1388	1388	13751668 (old style calendar), providing, in part, That Basse River be henceforth a touneship of
1389	1389	1376themselves . . . and that it be called Beverly.
1390	1390	1377 And an act passed on May 28, 1679 (old style calendar) in which the Boundaries between
1391	1391	1378Beverly, Salem and Wenham are established and clarified.
1392	1392	1379 And an act passed by the legislature of the Province of the Massachusetts Bay on
1393	1393	1380September 13, 1753, entitled, AN ACT FOR SETTING OFF THE INHABITANTS, AS ALSO 66 of 87
1394	1394	1381ESTATES OF THE PROPRIETORS, OF THAT PART OF THE PRECINCT OF SALEM AND
1395	1395	1382BEVERLY, SO-CALLED, WHICH IS PART OF SALEM, TO THE TOWN OF BEVERLY.
1396	1396	1383 And an act passed by the legislature of the Commonwealth of Massachusetts in 1857,
1397	1397	1384Chapter 90, entitled, AN ACT TO SET OFF A PART OF THE TOWN OF BEVERLY, AND
1398	1398	1385ANNEX THE SAME TO THE TOWN OF DANVERS.
1399	1399	1386 (b)Certain special laws recognized and retained, in part — The following special acts
1400	1400	1387which were enacted for the purpose of enabling and authorizing the City to exercise certain
1401	1401	1388powers or functions, which prior to the enactment of Article 89 of the Amendments to the State
1402	1402	1389Constitution may not otherwise have been available to the City, are hereby recognized, so much
1403	1403	1390of these acts which might grant a power to the City which it otherwise might not have are hereby
1404	1404	1391retained, but all such powers shall be exercised in a manner consistent with the Charter:
1405	1405	1392 1885, Chapter 294 AN ACT TO FURNISH THE TOWN OF BEVERLY WITH
1406	1406	1393WATER AND TO INCREASE THE SUPPLY THEREOF
1407	1407	1394 1927, Chapter 8 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1408	1408	1395ESTABLISH A TRUST FUND TO PROVIDE MEDICAL TREATMENT FOR THE PUBLIC
1409	1409	1396SCHOOL CHILDREN OF SAID CITY
1410	1410	1397 1953, Chapter 552 AN ACT PROVIDING THAT THE CITY OF BEVERLY MAY
1411	1411	1398IMPROVE CERTAIN WATER COURSES FOR THE PROTECTION OF PUBLIC HEALTH
1412	1412	1399 1960, Chapter 113 AN ACT AUTHORIZING THE ESTABLISHMENT OF A
1413	1413	1400SEPARATE ACCOUNT IN THE TREASURY OF THE CITY OF BEVERLY CONSISTING 67 of 87
1414	1414	1401OF RECEIPTS OF ITS RECREATION COMMISSION AND PROVIDING FOR
1415	1415	1402EXPENDITURES THEREFROM WITHOUT FURTHER APPROPRIATION
1416	1416	1403 1968, Chapter 313 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1417	1417	1404REVOKE ITS ACCEPTANCE OF THE LAW APPLICABLE TO TENEMENT HOUSES IN
1418	1418	1405CITIES
1419	1419	1406 1969, Chapter 308 AN ACT AUTHORIZING THE ESTABLISHMENT OF A
1420	1420	1407SEPARATE ACCOUNT IN THE TREASURY OF THE CITY OF BEVERLY CONSISTING
1421	1421	1408OF RECEIPTS OF ITS YOUTH ACTIVITIES COMMISSION AND PROVIDING FOR
1422	1422	1409EXPENDITURES THEREFROM WITHOUT FURTHER APPROPRIATION
1423	1423	1410 1974, Chapter 735 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1424	1424	1411ENTER INTO A CERTAIN CONTRACT WITH GORDON COLLEGE FOR SEWAGE
1425	1425	1412DISPOSAL
1426	1426	1413 1983, Chapter 250 AN ACT RELATIVE TO THE LICENSING AND KEEPING OF
1427	1427	1414DOGS IN THE CITY OF BEVERLY
1428	1428	1415 1986, Chapter 366 AN ACT FURTHER AUTHORIZING THE CITY OF BEVERLY
1429	1429	1416TO ENTER INTO A CERTAIN CONTRACT WITH GORDON COLLEGE FOR SEWAGE
1430	1430	1417DISPOSAL
1431	1431	1418 1994, CHAPTER 30AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1432	1432	1419AMORTIZE THE REVENUE DEFICIT OVER A PERIOD OF THREE YEARS
1433	1433	1420 1994, Chapter 228 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1434	1434	1421ENTER INTO A CONTRACT FOR THE DISPOSAL OF SEWAGE 68 of 87
1435	1435	1422 (c)Certain obsolete borrowing authorizations, repealed — The following special acts
1436	1436	1423which authorized the City to borrow certain sums of money, for certain purposes, are hereby
1437	1437	1424recognized as obsolete and are to stand repealed:
1438	1438	1425 1874, Chapter 168 AN ACT TO AUTHORIZE THE TOWN OF BEVERLY TO
1439	1439	1426ISSUE BONDS FOR THE PURPOSE OF FUNDING ITS DEBIT
1440	1440	1427 1881, Chapter 231 AN ACT TO AUTHORIZE THE TOWN OF BEVERLY TO
1441	1441	1428REFUND ITS INDEBTEDNESS
1442	1442	1429 1893, Chapter 250 AN ACT TO AUTHORIZE THE TOWN OF BEVERLY TO
1443	1443	1430INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF
1444	1444	1431CONSTRUCTION A SYSTEM OF SEWERAGE
1445	1445	1432 1893, Chapter 259 AN ACT TO AUTHORIZE THE TOWN OF BEVERLY TO
1446	1446	1433CANCEL CERTAIN OF ITS BONDS NOW HELD IN ITS SINKING FUND
1447	1447	1434 1894, Chapter 29 AN ACT TO AUTHORIZE THE TOWN OF BEVERLY TO
1448	1448	1435ISSUE BONDS FOR THE PURPOSE OF FUNDING ITS WATER LOAN
1449	1449	1436 1896, Chapter 271 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1450	1450	1437INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR PARK PURPOSES
1451	1451	1438 1898, Chapter 398 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1452	1452	1439INCUR INDEBTEDNESS BEYOND ITS DEBT LIMIT, FOR SCHOOL PURPOSES
1453	1453	1440 1900, Chapter 288 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1454	1454	1441INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF
1455	1455	1442CONSTRUCTING A SYSTEM OF SEWERAGE 69 of 87
1456	1456	1443 1901, Chapter 475 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1457	1457	1444INCUR INDEBTEDNESS FOR SCHOOL PURPOSES
1458	1458	1445 1902, Chapter 421 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1459	1459	1446INCUR INDEBTEDNESS FOR SCHOOL PURPOSES
1460	1460	1447 1903, Chapter 182 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1461	1461	1448INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF
1462	1462	1449EXTENDING ITS SYSTEM OF SEWERAGE
1463	1463	1450 1903, Chapter 183 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1464	1464	1451INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF
1465	1465	1452EXTENDING ITS WATER SUPPLY SYSTEM
1466	1466	1453 1903, Chapter 263 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1467	1467	1454INCUR INDEBTEDNESS FOR SCHOOL, AND STREET PURPOSES
1468	1468	1455 1905, Chapter 132 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1469	1469	1456INCUR INDEBTEDNESS BEYOND ITS DEBT LIMIT, FOR WATER SUPPLY PURPOSES
1470	1470	1457 1905, Chapter 143 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1471	1471	1458INCUR INDEBTEDNESS BEYOND ITS DEBT LIMIT, FOR SCHOOL PURPOSES
1472	1472	1459 1906, Chapter 110 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1473	1473	1460INCUR INDEBTEDNESS FOR SEWERAGE PURPOSES, BEYOND THE STATUTORY
1474	1474	1461LIMIT
1475	1475	1462 1906, Chapter 388 AN ACT TO DETERMINE THE INDEBTEDNESS OF THE
1476	1476	1463CITY OF BEVERLY INCURRED FOR WATER SUPPLY PURPOSE 70 of 87
1477	1477	1464 1913, Chapter 298 AN ACT RELATIVE TO SEWER LOANS OF THE CITY OF
1478	1478	1465BEVERLY
1479	1479	1466 1914, Chapter 321 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1480	1480	1467INCUR INDEBTEDNESS FOR THE IMPROVEMENT OF ITS HARBOR AND SHORES
1481	1481	1468 1914, Chapter 768 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1482	1482	1469INCUR INDEBTEDNESS FOR THE PURPOSE OF RELAYING CERTAIN WATER MAINS
1483	1483	1470 1915, Chapter 266 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1484	1484	1471INCUR INDEBTEDNESS FOR THE PURPOSE OF RELAYING CERTAIN WATER MAINS
1485	1485	1472 1921, Chapter 453 AN ACT AUTHORIZING THE CITY OF BEVERLY TO INCUR
1486	1486	1473INDEBTEDNESS FOR A HIGH SCHOOL BUILDING
1487	1487	1474 1948, Chapter 500 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1488	1488	1475BORROW MONEY FOR FIRE STATION AND SIGNAL STATION BUILDING PURPOSES
1489	1489	1476 1949, Chapter 120 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1490	1490	1477BORROW MONEY FOR SCHOOL PURPOSES
1491	1491	1478 1950, Chapter 642 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1492	1492	1479BORROW MONEY FOR SCHOOL PURPOSES
1493	1493	1480 (d)Certain other obsolete special laws repealed — The following special laws which
1494	1494	1481were enacted for special purposes and were limited in time by their own provisions are hereby
1495	1495	1482recognized as obsolete and are to stand repealed, but all acts taken under the authority of the said
1496	1496	1483special laws is hereby preserved: 71 of 87
1497	1497	1484 1910, Chapter 505 AN ACT TO CONFIRM CERTAIN PROCEEDINGS OF THE
1498	1498	1485CITY COUNCIL OF THE CITY OF BEVERLY
1499	1499	1486 1912, Chapter 544 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1500	1500	1487DISCONTINUE THE USE FOR PLAYGROUND PURPOSES OF A CERTAIN PARCEL OF
1501	1501	1488LAND NEAR THE POOR FARM IN THAT CITY
1502	1502	1489 1914, Chapter 650 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1503	1503	1490PENSION GEORGE O. OBEAR
1504	1504	1491 1920, Chapter 275 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1505	1505	1492CONTRIBUTE A SUM OF MONEY TO THE FEDERAL GOVERNMENT TO BE USED IN
1506	1506	1493THE IMPROVEMENT OF BEVERLY HARBOR
1507	1507	1494 1922, Chapter 87 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1508	1508	1495SUM OF MONEY TO THE ESTATE OF PATRICK GALLAGHER FOR TAXES
1509	1509	1496ERRONEOUSLY ASSESSED AND COLLECTED
1510	1510	1497 1922, Chapter 155 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1511	1511	1498SUM OF MONEY TO THE WIDOW OF JAMES J. FAGAN
1512	1512	1499 1923, Chapter 356 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1513	1513	1500PENSION WALTER FARNHAM
1514	1514	1501 1924, Chapter 125 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1515	1515	1502PENSION NATHANIEL W. CORLISS
1516	1516	1503 1924, Chapter 333 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1517	1517	1504SUM OF MONEY TO THE WIDOW OF JAMES J. FAGAN 72 of 87
1518	1518	1505 1925, Chapter 275 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1519	1519	1506APPROPRIATE MONEY TO PROVIDE FACILITIES FOR HOLDING IN SAID CITY
1520	1520	1507DURING THE CURRENT YEAR THE STATE CONVENTION OF THE VETERANS OF
1521	1521	1508FOREIGN WARS OF THE UNITED STATES
1522	1522	1509 1936, Chapter 142 AN ACT PLACING UNDER THE CIVIL SERVICE LAWS THE
1523	1523	1510OFFICE OF THE CHIEF OF POLICE OF THE CITY OF BEVERLY
1524	1524	1511 1938, Chapter 203 AN ACT AUTHORIZING THE PLACING OF THE OFFICE OF
1525	1525	1512CHIEF OF THE FIRE DEPARTMENT OF THE CITY OF BEVERLY UNDER THE CIVIL
1526	1526	1513SERVICE LAWS
1527	1527	1514 1938, Chapter 375 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO
1528	1528	1515REFUND CERTAIN TAXES ERRONEOUSLY ASSESSED UPON AND COLLECTED
1529	1529	1516FROM ALONZO B. MORSE
1530	1530	1517 1941, Chapter 469 AN ACT AUTHORIZING THE CITY OF BEVERLY TO TAKE
1531	1531	1518BY EMINENT DOMAIN FOR PUBLIC AIRPORT PURPOSES CERTAIN PROPERTY IN
1532	1532	1519THE TOWN OF DANVERS
1533	1533	1520 1943, Chapter 429 AN ACT RELATING TO THE ACQUISITION OF CERTAIN
1534	1534	1521PROPERTY BY THE CITY OF BEVERLY FOR A PUBLIC PARK
1535	1535	1522 1946, Chapter 113 AN ACT RELATIVE TO THE NUMBER OF MEMBERS OF
1536	1536	1523THE RESERVE POLICE FORCE IN THE CITY OF BEVERLY 73 of 87
1537	1537	1524 1951, Chapter 187 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1538	1538	1525CERTAIN CLAIM LEGALLY UNENFORCEABLE BY REASON OF FAILURE TO
1539	1539	1526COMPLY WITH CERTAIN PROVISIONS OF ITS CITY CHARTER
1540	1540	1527 1959, Chapter 162 AN ACT AUTHORIZING THE GRANTING OF A LICENSE
1541	1541	1528FOR THE SALE OF ALCOHOLIC BEVERAGES TO VITTORI ROCCI POST #56 OF THE
1542	1542	1529ITALIAN-AMERICAN WAR VETERANS
1543	1543	1530 1959, Chapter 204 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY
1544	1544	1531SUMS OF MONEY TO WILLIAM DEVITT, ALICE P. HUSON, BAYARD D. HUSON,
1545	1545	1532LAWRENCE LAPOINTE, MARIE AND ANTHONY VACCARO AND CLIFFORD M. AND
1546	1546	1533HENRIETTA C. CAVERLY
1547	1547	1534 1959, Chapter 434 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1548	1548	1535CERTAIN UNPAID BILL TO MERRIMACK-ESSEX ELECTRIC COMPANY
1549	1549	1536 1962, Chapter 118 AN ACT PROVIDING LIFE TENURE FOR GORDON T.
1550	1550	1537RICHARDSON, INCUMBENT OF THE OFFICE OF COMMISSIONER OF PUBLIC
1551	1551	1538WORKS OF THE CITY OF BEVERLY
1552	1552	1539 1963, Chapter 139 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1553	1553	1540ACQUIRE LAND AND TO CONSTRUCT AN OFF-STREET PARKING AREA AND TO
1554	1554	1541BORROW MONEY FOR THE CONSTRUCTION THEREOF
1555	1555	1542 1965, Chapter 588 AN ACT PROVIDING FOR LIFE TENURE FOR WALTER T.
1556	1556	1543BARNES, INCUMBENT OF THE OFFICE OF CITY COLLECTOR OF THE CITY OF
1557	1557	1544BEVERLY 74 of 87
1558	1558	1545 1966, Chapter 568 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1559	1559	1546APPROPRIATE MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UNPAID
1560	1560	1547BILLS
1561	1561	1548 1967, Chapter 146 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY A
1562	1562	1549CERTAIN UNPAID BILL TO SID'S DONUTS, INC.
1563	1563	1550 1968, Chapter 571 AN ACT VALIDATING A CERTAIN BUILDING PERMIT
1564	1564	1551ISSUED BY THE CITY OF BEVERLY
1565	1565	1552 1970, Chapter 624 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1566	1566	1553APPROPRIATE MONEY FOR THE PAYMENT OF, AND TO PAY, A CERTAIN UNPAID
1567	1567	1554BILL
1568	1568	1555 1970, Chapter 661 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1569	1569	1556APPROPRIATE MONEY FOR THE PAYMENT OF AND TO PAY A CERTAIN UNPAID
1570	1570	1557BILL
1571	1571	1558 1973, Chapter 196 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1572	1572	1559APPROPRIATE AND PAY A SUM OF MONEY TO MICHAEL J. FRASCA
1573	1573	1560 1973, Chapter 1139 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1574	1574	1561CONVEY CERTAIN LAND IN THE CITY OF BEVERLY
1575	1575	1562 1974, Chapter 64 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1576	1576	1563CONVEY CERTAIN LAND IN THE CITY OF BEVERLY
1577	1577	1564 1975, Chapter 423 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1578	1578	1565REDRAW ITS WARD LINES 75 of 87
1579	1579	1566 1983, Chapter 493 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1580	1580	1567ACQUIRE EASEMENTS FOR THE CONSTRUCTION OF CERTAIN SEWERAGE
1581	1581	1568FACILITIES
1582	1582	1569 1986, Chapter 533 AN ACT AUTHORIZING THE ACQUISITION OF LAND IN
1583	1583	1570THE TOWN OF WENHAM BY THE CITY OF BEVERLY
1584	1584	1571 1989, Chapter 136 AN ACT AUTHORIZING THE CITY OF BEVERLY TO PAY
1585	1585	1572CERTAIN RETROACTIVE COMPENSATION
1586	1586	1573 (e)Certain other obsolete special laws repealed — The following special laws which
1587	1587	1574established and amended the Charter for the City of Beverly are hereby recognized as obsolete
1588	1588	1575and are to stand repealed, but all acts taken under the authority of the said special laws are
1589	1589	1576hereby preserved:
1590	1590	1577 1894, Chapter 161 AN ACT TO INCORPORATE THE CITY OF BEVERLY
1591	1591	1578 1898, Chapter 319 AN ACT RELATIVE TO STREETS AND HIGHWAYS IN THE
1592	1592	1579CITY OF BEVERLY
1593	1593	1580 1910, Chapter 542 AN ACT TO REVISE THE CHARTER OF THE CITY OF
1594	1594	1581BEVERLY
1595	1595	1582 1911, Chapter 267 AN ACT RELATIVE TO WIRES AND ELECTRIC
1596	1596	1583APPLIANCES IN THE CITY OF BEVERLY
1597	1597	1584 1913, Chapter 398 AN ACT RELATIVE TO PRINTING PROPOSALS FOR
1598	1598	1585CONTRACTS WITH THE CITY OF BEVERLY 76 of 87
1599	1599	1586 1913, Chapter 208 AN ACT TO AUTHORIZE THE SCHOOL COMMITTEE OF
1600	1600	1587THE CITY OF BEVERLY TO APPOINT THE SCHOOL PHYSICIANS FOR THAT CITY
1601	1601	1588 1915, Chapter 72 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO PAY
1602	1602	1589PERMANENT MEN IN THE FIRE DEPARTMENT THREE DOLLARS A DAY
1603	1603	1590 1915, Chapter 141 AN ACT TO AUTHORIZE THE CITY OF BEVERLY TO PAY
1604	1604	1591SALARIES TO THE MEMBERS OF ITS BOARD OF ALDERMEN
1605	1605	1592 1919, Chapter 75 AN ACT RELATIVE TO THE PAYMENT OF SALARIES IN
1606	1606	1593THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF BEVERLY
1607	1607	1594 1920, Chapter 26 AN ACT RELATIVE TO THE SALARIES OF THE MAYOR
1608	1608	1595AND OTHER PUBLIC OFFICERS OF THE CITY OF BEVERLY
1609	1609	1596 1921, Chapter 9 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1610	1610	1597COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1611	1611	1598 1922, Chapter 140 AN ACT PROVIDING FOR A PRELIMINARY ELECTION
1612	1612	1599FOR THE CHOICE OF MUNICIPAL OFFICERS IN THE CITY OF BEVERLY
1613	1613	1600 1927, Chapter 279 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1614	1614	1601COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1615	1615	1602 1934, Chapter 159 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1616	1616	1603COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN 77 of 87
1617	1617	1604 1936, Chapter 29 AN ACT ESTABLISHING BIENNIAL MUNICIPAL
1618	1618	1605ELECTIONS IN THE CITY OF BEVERLY AND MAKING CERTAIN OTHER CHARTER
1619	1619	1606CHANGES
1620	1620	1607 1936, Chapter 46 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1621	1621	1608COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1622	1622	1609 1939, Chapter 135 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1623	1623	1610COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1624	1624	1611 1941, Chapter 223 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1625	1625	1612COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1626	1626	1613 1943, Chapter 112 AN ACT PROVIDING FOR THE HOLDING OF BIENNIAL
1627	1627	1614MUNICIPAL ELECTIONS IN THE CITY OF BEVERLY IN ODD-NUMBERED YEARS
1628	1628	1615AND ESTABLISHING THE DATE OF SAID ELECTIONS
1629	1629	1616 1943, Chapter 198 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1630	1630	1617COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1631	1631	1618 1945, Chapter 144 AN ACT RELATIVE TO THE POLLING HOURS AT
1632	1632	1619ELECTIONS IN THE CITY OF BEVERLY
1633	1633	1620 1947, Chapter 162 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1634	1634	1621INCREASE THE COMPENSATION OF THE MEMBERS OF ITS BOARD OF ALDERMEN
1635	1635	1622 1951, Chapter 238 AN ACT PROVIDING FOR THE HOLDING OF BIENNIAL
1636	1636	1623MUNICIPAL ELECTIONS IN THE CITY OF BEVERLY IN ODD-NUMBERED YEARS
1637	1637	1624AND ESTABLISHING THE DATE OF SAID ELECTIONS 78 of 87
1638	1638	1625 1952, Chapter 236 AN ACT CREATING A DEVELOPMENT AND INDUSTRIAL
1639	1639	1626COMMISSION IN THE CITY OF BEVERLY
1640	1640	1627 1952, Chapter 336 AN ACT AUTHORIZING THE CITY OF BEVERLY TO
1641	1641	1628INCREASE THE COMPENSATION OF THE MEMBERS OF ITS BOARD OF ALDERMEN
1642	1642	1629 1953, Chapter 95 AN ACT RELATIVE TO ADDITIONS TO OR ALTERATIONS
1643	1643	1630OF CERTAIN BUILDINGS IN THE CITY OF BEVERLY
1644	1644	1631 1954, Chapter 602 AN ACT RELATIVE TO THE ELECTION OF CERTAIN
1645	1645	1632OFFICIALS IN THE CITY OF BEVERLY BY THE BOARD OF ALDERMEN
1646	1646	1633 1955, Chapter 478 AN ACT RELATIVE TO THE SALARIES OF THE MAYOR
1647	1647	1634AND BOARD OF ALDERMEN OF THE CITY OF BEVERLY.
1648	1648	1635 1957, Chapter 133 AN ACT PROVIDING THAT CERTAIN MEMBERS OF THE
1649	1649	1636SCHOOL COMMITTEE IN THE CITY OF BEVERLY BE ELECTED BY WARDS
1650	1650	1637 1960, Chapter 155 AN ACT PROVIDING FOR THE INITIATIVE AND
1651	1651	1638REFERENDUM FOR THE CITY OF BEVERLY
1652	1652	1639 1962, Chapter 112 AN ACT CHANGING THE DATE OF BIENNIAL MUNICIPAL
1653	1653	1640ELECTIONS IN THE CITY OF BEVERLY
1654	1654	1641 1969, Chapter 74 AN ACT RELATIVE TO THE AWARDING OF CONTRACTS
1655	1655	1642FOR THE PURCHASE OF MATERIALS AND SUPPLIES OR FOR LABOR TO BE
1656	1656	1643FURNISHED EXCEPT LABOR TO BE RENDERED IN PERSON, WITHOUT
1657	1657	1644ADVERTISING IN THE CITY OF BEVERLY 79 of 87
1658	1658	1645 1993, Chapter 230 AN ACT RELATIVE TO THE CHARTER OF THE CITY OF
1659	1659	1646BEVERLY
1660	1660	1647 1993, Chapter 330 AN ACT RELATIVE TO THE OFFICE OF CITY COUNCILOR
1661	1661	1648IN THE CITY OF BEVERLY
1662	1662	1649 SECTION 3. Section 1-7 of article 1 of the charter of the city of Beverly, as appearing in
1663	1663	1650section 2 of this act, is hereby amended by striking out subsections (h) through (s) and inserting
1664	1664	1651in place thereof the following 13 subsections:-
1665	1665	1652 (h)District – the word “district” as appearing in Articles 4 and 7 of this charter shall
1666	1666	1653mean the combining of wards 1, 2 and 3, and wards 4, 5 and 6 for the election of 2 school
1667	1667	1654committee members, 1 to be elected from each such district.
1668	1668	1655 (i)Emergency - The word "emergency" shall mean a sudden, unexpected, unforeseen
1669	1669	1656happening, occurrence or condition which necessitates immediate action or response.
1670	1670	1657 (j)Full Council, full multiple-member body - The words "full council" or "full
1671	1671	1658multiple-member body" shall mean the entire authorized complement of the city council, school
1672	1672	1659committee or other multiple-member body, notwithstanding any vacancy, which might exist.
1673	1673	1660 (k)general laws - The words "general laws" (all lowercase letters) shall mean laws
1674	1674	1661enacted by the State Legislature which apply alike to all cities and towns, to all cities, or to a
1675	1675	1662class of two or more cities and/or cities and towns of which Beverly is a member.
1676	1676	1663 (l)General Laws - The words "General Laws" (initial letter of each word in
1677	1677	1664uppercase letters) shall mean the General Laws of the Commonwealth of Massachusetts, a 80 of 87
1678	1678	1665codification and revision of statutes enacted on December 22, 1920, and including all
1679	1679	1666amendments thereto subsequently adopted.
1680	1680	1667 (m)Initiative measure - The words "initiative measure" shall mean a measure
1681	1681	1668proposed by the voters through the initiative process provided under this Charter.
1682	1682	1669 (n)Local newspaper - The words "local newspaper" shall mean a newspaper of
1683	1683	1670general circulation within Beverly, with either a weekly or daily circulation.
1684	1684	1671 (o)Majority vote - The words "majority vote," when used in connection with a
1685	1685	1672meeting of a multiple-member body, shall mean a majority of those present and voting, unless
1686	1686	1673another provision is made by ordinance, by law, or by its own rules.
1687	1687	1674 (p)Measure - The word "measure" shall mean any ordinance, order, resolution, or
1688	1688	1675other vote or proceeding adopted, or which might be adopted by the city council or the school
1689	1689	1676committee.
1690	1690	1677 (q)Multiple-member body - The words "multiple-member body" shall mean any
1691	1691	1678board, commission, committee, subcommittee or other body consisting of two or more persons,
1692	1692	1679whether elected, appointed or otherwise constituted, but not including the city council or the
1693	1693	1680school committee.
1694	1694	1681 (r)Referendum measure - The words "referendum measure" shall mean a measure
1695	1695	1682adopted by the city council or the school committee which is protested under the referendum
1696	1696	1683procedures of this Charter.
1697	1697	1684 (s)Regular municipal election – the words “regular municipal election” shall mean
1698	1698	1685the biennial election of municipal officers. 81 of 87
1699	1699	1686 (t)Voters - The word "voters" shall mean registered voters of the city of Beverly.
1700	1700	1687 SECTION 4. Section 2-1 of article 2 of said charter, as so appearing, is hereby amended
1701	1701	1688by striking out subsection (c) and inserting in place thereof the following subsection:-
1702	1702	1689 (c) Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. A ward
1703	1703	1690councilor shall at the time of election be a voter of the ward from which elected; provided,
1704	1704	1691however, if any ward councilor shall during the first 18 months of the term of office remove to
1705	1705	1692another ward in the city the councilor may continue to serve for the balance of the term to which
1706	1706	1693elected. If a councilor-at-large or a ward councilor removes from the city during the term for
1707	1707	1694which elected, such office shall immediately be deemed vacant and filled in the manner provided
1708	1708	1695in SECTION 2-11.
1709	1709	1696 SECTION 5. Section 3-1 of article 3 of said charter, as so appearing, is hereby amended
1710	1710	1697by striking out subsection (b) and inserting in place thereof the following subsection:-
1711	1711	1698 (b) Term of office - The term of office of the mayor shall be 4 years beginning on the
1712	1712	1699first Monday of January following the regular municipal election at which chosen and until a
1713	1713	1700successor is qualified.
1714	1714	1701 SECTION 6. Subsection (c) of said section 3-1 of said article 3 of said charter, as so
1715	1715	1702appearing, is hereby amended by striking out the figure “12” and inserting in place thereof the
1716	1716	1703following figure:- 36.
1717	1717	1704 SECTION 7. Subsection (a) of section 3-9 of said article 3 of said charter, as so
1718	1718	1705appearing, is hereby amended by striking out the figure “15” and inserting in place thereof the
1719	1719	1706following figure:- 39. 82 of 87
1720	1720	1707 SECTION 8. Subsection (b) of said section 3-9 of said article 3 of said charter, as so
1721	1721	1708appearing, is hereby amended by striking out the words “in the last nine months of the term for
1722	1722	1709which the Mayor is elected whether by reason of death, resignation, removal from office or
1723	1723	1710otherwise” and inserting in place thereof the following words:- after the thirty-ninth month.
1724	1724	1711 SECTION 9. Section 4-1 of article 4 of said charter, as so inserted, is hereby amended by
1725	1725	1712striking out subsection (a) and inserting in place thereof the following subsection:-
1726	1726	1713 (a) Composition; term of office - There shall be a school committee which shall consist
1727	1727	1714of 9 members. Six of these members, to be known as "ward school committee members," shall
1728	1728	1715be nominated and elected by and from the voters of each ward, 1 such ward school committee
1729	1729	1716member to be elected from each of the 6 wards into which the city is divided, in accordance with
1730	1730	1717SECTION 7-5. Two members shall be elected from districts composed as follows: District A
1731	1731	1718shall be composed of wards 1, 2, and 3 and District B shall be composed of wards 4, 5, and 6.
1732	1732	1719The mayor shall serve as the ninth member of the school committee. The term of office for all
1733	1733	1720school committee members shall be for 2 years each, beginning on the first Monday of January
1734	1734	1721in the year following their election, and until their successors have been qualified.
1735	1735	1722 SECTION 10. Said section 4-1 of said article 4 of said charter, as so inserted, is hereby
1736	1736	1723further amended by striking out subsection (b) and inserting in place thereof the following
1737	1737	1724subsection:-
1738	1738	1725 (b) Eligibility - A ward school committee member shall at the time of election be a voter
1739	1739	1726of the ward from which elected; provided, however, if any ward school committee member shall,
1740	1740	1727during the first 18 months of the term of office, remove to another ward in the city, the member
1741	1741	1728may continue to serve for the balance of the term to which elected. If a district school committee 83 of 87
1742	1742	1729member shall during the first 18 months of the term of office remove to a ward of the city not in
1743	1743	1730the district from which the member is elected, such district member may continue to serve for the
1744	1744	1731balance of the term to which elected. If a ward or district school committee member removes
1745	1745	1732from the city during the term for which elected, such office shall immediately be deemed vacant
1746	1746	1733and filled in the manner provided in SECTION 4-1(f).
1747	1747	1734 SECTION 11. Said section 4-1 of said article 4 of said charter, as so inserted, is hereby
1748	1748	1735further amended by striking out subsection (f) and inserting in place thereof the following
1749	1749	1736subsection:-
1750	1750	1737 (f) Filling of vacancies - If a vacancy shall occur in the office of ward school committee
1751	1751	1738member or district school committee member during the first 18 months of the term for which
1752	1752	1739school committee members are elected, the vacancy shall be filled in descending order of votes
1753	1753	1740received by the candidate for the office of ward or district school committee member from such
1754	1754	1741ward or district at the preceding regular municipal election who received the largest number of
1755	1755	1742votes without being elected, provided such person remains eligible and willing to serve and
1756	1756	1743provided such person received votes at least equal to 30% of the vote total received by the person
1757	1757	1744receiving the largest number of votes for the office of ward or district school committee member
1758	1758	1745in such ward or district. If there be no such candidate eligible and willing to serve, the vacancy
1759	1759	1746shall be filled by a majority vote of the remaining members of the school committee and the city
1760	1760	1747council sitting in joint convention, from among the voters of such ward or district. If the vacancy
1761	1761	1748shall occur during the last 6 months of the term of office, such vacancy shall be filled by the
1762	1762	1749person at the regular municipal election who receives the highest number of votes for the office
1763	1763	1750of ward school committee member from such ward or district. Such person shall forthwith be
1764	1764	1751certified and shall serve for the balance of the concluding term in addition to the term for which 84 of 87
1765	1765	1752such person was elected. The city clerk shall certify such candidate to the office of ward or
1766	1766	1753district school committee member to serve for the balance of the then concluding term as well as
1767	1767	1754the term to which elected.
1768	1768	1755 SECTION 12. Section 4-2 of said article 4 of said charter, as so inserted, is hereby
1769	1769	1756amended by striking out subsection (a) and inserting in place thereof the following subsection:-
1770	1770	1757 (a) Election and term - The school committee shall organize by electing one of the ward
1771	1771	1758or district school committee members to serve as school committee President during the ensuing
1772	1772	1759term of office.
1773	1773	1760 SECTION 13. Section 7-3 of article 7 of said charter, as so inserted, is hereby amended
1774	1774	1761by striking out subsection (a) and inserting in place thereof the following subsection:-
1775	1775	1762 (a) Signature requirements - The number of signatures of voters required to place the
1776	1776	1763name of a candidate on the official ballot to be used at a preliminary election shall be as follows:
1777	1777	1764for the office of mayor not less than 100 such signatures; provided, however, that not more than
1778	1778	176525 signatures from any one ward shall be counted in the minimum number of required
1779	1779	1766signatures; for the office of councilor-at-large not less than 100 such signatures; provided,
1780	1780	1767however, that not more than 25 signatures from any 1 ward shall be counted in the minimum
1781	1781	1768number of required signatures; for the office of district school committee member, not less than
1782	1782	176975 signatures, all of which must be from the wards included in the district from which the
1783	1783	1770nomination is sought, provided however, that not more than 25 signatures from any one ward
1784	1784	1771shall be counted in the minimum number of required signatures; for the office of ward councilor
1785	1785	1772and ward school committee member not less than 50 such signatures, all of which shall be from
1786	1786	1773the ward from which the nomination is sought. 85 of 87
1787	1787	1774 SECTION 14. Subsection (b) of section 7-14 of said article 7 of said charter, as so
1788	1788	1775inserted, is hereby amended by striking out paragraph (3) and inserting in place thereof the
1789	1789	1776following 2 paragraphs:-
1790	1790	1777 (3)Office elected by district: Two hundred or more voters may file with the board of
1791	1791	1778registrars of voters an affidavit containing the name of the officer sought to be recalled and a
1792	1792	1779statement of the grounds for the recall. The signatures on such affidavit shall contain the names
1793	1793	1780only of voters in the district from which the officer was elected.
1794	1794	1781 (4)At large, or by ward or district - If the affidavit is found to be valid, the city clerk
1795	1795	1782shall thereupon deliver to the first 10 persons named on said affidavit, petition blanks demanding
1796	1796	1783said recall, printed forms of which shall be kept available. The blanks may be completed by
1797	1797	1784printing or by typewriting; they shall be addressed to the city council; they shall contain the
1798	1798	1785names and residence addresses of the 10 persons to whom they are issued and they shall contain
1799	1799	1786the grounds for recall as stated in the affidavit; they shall demand the election of a successor to
1800	1800	1787the office; and they shall be dated and signed by the city clerk.
1801	1801	1788 SECTION 15. Sections 3 through 14, inclusive, of this act shall be subject to voter
1802	1802	1789ratification at the regular municipal election to be held on November 7, 2023 prior to taking
1803	1803	1790effect. The following questions shall appear on the ballot:
1804	1804	1791 QUESTION 1: Should sections 4 and 10 of AN ACT RELATIVE TO THE HOME
1805	1805	1792RULE CHARTER OF THE CITY OF BEVERLY, which such sections would amend the charter
1806	1806	1793to allow a ward councilor, ward school committee member and district school committee
1807	1807	1794member who moves within the city during the first 18 months of their term of office to complete
1808	1808	1795the term to which elected, be approved? 86 of 87
1809	1809	1796 YES___ NO___
1810	1810	1797 QUESTION 2: Should sections 5, 6, 7 and 8 of AN ACT RELATIVE TO THE HOME
1811	1811	1798RULE CHARTER OF THE CITY OF BEVERLY, which such sections would revise the charter
1812	1812	1799to increase the term of office of the mayor to 4 years, be approved?
1813	1813	1800 YES___ NO____
1814	1814	1801 QUESTION 3: Should sections 3, 9, 11, 12, 13 and 14 of AN ACT RELATIVE TO THE
1815	1815	1802HOME RULE CHARTER OF THE CITY OF BEVERLY, which such sections would revise the
1816	1816	1803charter to increase the membership of the school committee by the addition of 2 new district
1817	1817	1804members, one district to include Wards 1, 2, and 3 and one district to include Wards 4, 5, and 6,
1818	1818	1805be approved?
1819	1819	1806 YES___ NO____
1820	1820	1807 SECTION 16. Sections 4 and 10 shall take effect upon voter approval of ballot Question
1821	1821	18081, as appearing in section 15, but not otherwise.
1822	1822	1809 SECTION 17. Sections 5, 6, 7 and 8 shall take effect upon voter approval of ballot
1823	1823	1810Question 2, as appearing in section 15, but not otherwise.
1824	1824	1811 SECTION 18. Section 3, 9, 11, 12, 13 and 14 shall take effect upon voter approval of
1825	1825	1812ballot Question 3, as appearing in section 15, but not otherwise.
1826	1826	1813 SECTION 19. If Question 2, as appearing in section 15, is approved by the voters, the
1827	1827	1814first regular municipal election following such approval, November 4, 2025, shall include the
1828	1828	1815election of a mayor to a 4 year term. 87 of 87
1829	1829	1816 SECTION 20. If Question 3, as appearing in section 15, is approved by the voters, the
1830	1830	1817first regular municipal election following such approval, November 4, 2025, shall include the
1831	1831	1818election of 2 district school committee members for a 2 year term.
1832	1832	1819 SECTION 21. This act shall take effect upon its passage.